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« The ?No Right Answer? Game | Main | The Shiavo Funnies »

March 28, 2005

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Terri's fate inevitable

By Mrs Greyhawk

I've been really torn on this whole situation. On one hand I'm a believer in the courts, I don't like to bypass due process, and I am not convinced that the judges and experts involved are actively working to "murder" Terri. But on the other hand I'm deeply skeptical of the results in this specific case. And also of the Florida law that created this mess, which I hope to see amended. I'm a firm believer to one's right to die IF it is proven beyond a doubt that is their wish. My first problem I have is that I don't feel comfortable that Terri's wishes were clearly proven without a doubt. However I do feel It's unfair to ask Gov. Bush to intervene. I feel for Terri's parents but these people seems to gone over the deep end and really have no right lash out at the Gov. in this manner. Gov. Bush has already asked the state courts for permission to take custody of Schiavo and has been denied.

Which brings me to my second issue. When Michael decided to start seeing another woman. Florida law states, 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." Reportedly, punishment for a misdemeanor of the second degree can be up to 60 days imprisonment. Why haven't the courts revoked his guardianship? If a spouse is unfaithful and has gone so far as having children by another woman, that spouse should not be allowed guardianship. He acted as a man that was divorced or widowed and he was neither. These special circumstances do not mean you can have it both ways. You marry for better or for worse, till death or "divorce" do you part. If he wanted to move on with his life, which I can understand then he should had dignified her with a divorce. What I do think Gov. Bush should be doing is working on amending some of Florida's laws that will have some clear stipulations, to guardianship. Marriage alone shouldn't be it.

All these issue aside, I really think that death-by-dehydration as the cause/means of death is a central issue. I also don't personally consider removing food and water from anyone to be an humane or "dignified" means of euthanasia. And that is whats being done, she is being euthanized. It's no longer about her living by artificial means. It's about pulling the plug and letting her die. If this were about keeping her on a respirator then I don't think there would be an issue. If, when they removed her feeding tube, they tried to nourish her by mouth, as the would grant any parapalegic, then the "intent" maybe wouldn't be so obvious. It has been stated by some doctors that if she can swallow her own saliva, which she does then she can probably drink small amounts of fluid. She has been denied this. If she didn't want to be hooked up to tubes, then this wish has been granted, but does that mean they shouldn't try to feed her by mouth?

If we proposed to kill a mass murderer, an enemy combatant/terroist, or even a dumb animal by depriving them of food and water, we would be condemned as inhumane. Whether the law allows this or not seems to me to be irrelevant, and I'm baffled as to how those who argue for the removal of her feeding tube can use that as a defense of the actions taken.

Yesterday Terri was finally allowed her Last Rites by her husband, who a day earlier denied a request from his wife's parents that she be given communion. Which to me seems to show it is about making sure she dies as opposed to being an issue of living with artificial means. Terri just may get some nourishment from wine and a wafer. Not to worry Michael, the Rev. Thaddeus Malanowski said he gave Terri a drop of wine but could not give her a fleck of communion bread because her tongue was too parched. So no nourishment recieved.

And now the inevitable seems will happen and a new battle will begin.

Update

Interesting


Posted by Mrs Greyhawk / March 28, 2005 1:17 PM | Permalink

20 Comments

This has been a troubling situation. Aside from the 'husband', the similarity legally between this and the Gonzales event are striking. Albeit, with Gonzales the Attny General of the US sent in Federal Agents to remove the boy. I just think it's telling how a Democrat administration vs a Republican administration reacts.

All concerned need to make themselves smart by reading the GAL reports during the long legal struggle. The independent reports all supported Michael in his struggles. Also, remember the courts didn't do anything besides support the legal guardian's decisions, the judiciary didn't make policy or abrogate their collective responsibility. If you don't agree with the law of making the surviving or cognizant spouse the legal guardian, then change the law.

Re: adultery

I don't seem to recall for over a decade anyone being hammered by a criminal charge of adultery in civilian society. To resurrect the statute by hammering the husband in this case would be obvious selective enforcement and possibily violate the equal protection clause.

On a completely tangential comment, the US military seems to be the only institution of government still applying the law in a rather active sense. When Kelly Flynn's lawyer accused the government of making her a target of selective enforcement, several days later the Secty of the AF was able to show that over 66 male officers had been charged or discharge for the same offense in the previous two years. Don't ask, don't tell also applies to heterosexual behavior in the military as well. Once known, it is dealt with, something the gay rights activist don't talk about.

No, not all of the GAL reports supported Michael, the first one asked that the tube not be removed because of the Severe Conflict of Interest of Michael...namely money and a live-in girlfriend.

Read both of them, not just the second one!

It's against military regulations to cohabit, but soldiers are not charged under the UCMJ in most circumstances. It's also against the UCMJ to have relationships with married individuals, but yet it happens and most soldiers are not charged. Michael Schiavo spent the first 4 years after Terri's accident trying to do everything he could, but it was a hopeless case. His in-laws told him to move on with his life and now they are using this as a weapon against him. Anyone else who lived up to their promises to his/her mate usually would be complimented for their devotion, but in this case Michael is being condemned.

Last week, the NY Times reported that death by starvation would not be painful to Ms. Schiavo. This morning (Monday), in a TV interview, the lawyer from the Schindlers indicated that Ms. Schiavo had now been deprived of sustenance for so long a period that, even if the tube were reinserted, her death would be inevitable and that she was now being given a morphine drip for her pain! What happened to all that "euphoria" she was supposed to experience?


Not condemning Michael, Copper, just suggesting perhaps he could have relinquished his guardianship, or should have been forced to.

Michael will come out of this as the "Bad Guy" for not divorcing Terri and turning her care over to her loving parents, which would have avoided all this controversy. Could it be because of $$$?

Well, Lucifer, we will never know. Michael Schiavo had his--and Terri's--financial records sealed in 1993 or 1994. Near the beginning of the accident, there was a $700,000 account set up for her care. If she died before it was exhausted, he got whatever was left over. Is any left? Does he have other policies taken out on her? Who knows... the records are sealed. A bit fishy, but I tend to think that he know damn well that if he starts living the good life, everyone will notice. There are alos sworn affidavits by MULTIPLE nurses quoting him as saying things like "when is that bitch gonna die? Can't you do anything? Oh, I'm gonna be rich." But to be fair, nobody knows...

As far as the selective enforcement argument, that's irrelevant. Anyone who has ever watched proceedings in family court know that adultery statutes are used thousands of times a day, if not to throw guys in jail, at least to grant divorce, which is the issue here. Michael Shiavo was unfaithful to his wife, has serious conflicts of interest, and his dedication to her best interests are NOT beyond reproach

Last rights - you said: suggesting perhaps he could have relinquished his guardianship, or should have been forced to.

First of all, everyone should take great care when they get married and should feel that his/her mate would make the right decisions for them. Why should Michael have to relinquish his guardianship? Would you relinquish your guardianship of your children to your parents because they felt they could do a better job with your children? I'm sure you would not.

Second of all, you want Michael to be forced to give up his rights, but how would you feel if your rights were being violated -- ie., 1st Amendment, 2nd Amendment, etc. I'm sure you get my point. You wouldn't want to be forced to give up your rights and would fight to protect them. Michael is fighting for his rights and what he believes his wife wanted. The courts have ruled that this is the case and whether or not you like the rulings it is still the law. If you don't like the laws, then you must change the laws and not pick and choose which laws you will abide by.

Wow, Copper, I guess I said a lot with few words.

Michael had de facto relinquished his claim to be Terri's husband by fathering children and cohabitating with another woman. Adultery, by law grounds for a divorce. Few could argue Terri would want her husband starting a new family while still married to her - that seems more certain than whether she wanted life support.

Fewer still could argue that the man who now had a family (for which I'm happy for him, by the way) elsewhere was really acting above and beyond all other consideations in the best interest of Terri Schiavo.

Meanwhile, her parents are absolutely willing to do so.

Having de facto relinquished his status as husband, a de jure ruling on same hardly seems out of the question. As I said already, Terrri's desires in such a case would certainly be clearer than her desire for death by dehydration.

A very disturbing fact has come from this entire Terri Schiavo fiasco. First: We have a pipsqueek State Court Judge who has told Congress to stick it and defy a Congressional Supoena,( and get away with it) 2nd, We have Federal Judges violate the law and get away with it with no reprocussions, ie "The Palm Sunday Law Passed by Congress and signed by the President on Mar, 19, 2005". These two instances are but a few, We have all seen Federal Judges legislate from the bench in spite of the constutation and cite European Law as the basis for thier ruleing. In short, we have a runaway Judicial System and neither Reps or Demos, will do anything about it.
I wonder why we ask our brave young men to fight a war for freedon and democracy in Iraq and Afganistan while we violate the very basis of democracy here at home. As a life long Republican and being 72 years of age, I have seen many things, but I have never seen anything as cruel and inhumane as what is happening to Terri Schiavo. Whats wrong with our leader to allow this immoral and unjust event to happen?
I will never promote or vote for the Demos and as a result of this torture, far worse than anything from Al Quida or the Iraqi Terrorist, beng perpetrated on Terri Schiave without reprocussions, I will not promote or vote for the Reps either.

Last "Rights - I believe you have every right to your beliefs and your thoughts, and I am very happy to know we can have a rational discussion.

You may not know, but the Schindlers encouraged Michael to move on with his life and find happiness with someone else (in the court documents and not disputed by the parents). Now all of a sudden the parents are using this against him. It's a no win situation.

Ummm... Copper, do you think that "get along with his life" might have meant get a divorce, turn over our daughter's care, and go marry whoever you want, or maybe it was "go ahead and deny our daughter therapy(which was her only chance to get any better), food, fluids, and life".

Chad - the parents never encouraged him to get a divorce prior to them telling him to move on with his life. You might also want to consider that Michael did not divorce his wife because he knew her parents would not follow her wishes. Please go read the background info on this case.

Here is one of the sites:
http://abstractappeal.com/schiavo/infopage.html

A person on a respirator is not denied the right to breathe when the machine is turned off. The death is natural, not assisted. Terri is being deprived of nourishment- artificial or otherwise. In my opinion, regardless of the background info on this case, absolutely nothing excuses Michael Schiavo's actions now.

RE: GAL report

The GAL report by R. Pearse recommended against granting the petition (by Michael) noting the presense of the financial reward from the passing of Terri providing a conflict of interest. Michael challenged Pearse's report saying that he formally offered to forgo all financial rewards, but that was never mentioned in the report. Pearse did acknowledge that he had views on the issue that were not made known before he became GAL.


Sorry Cooper, but I've seen soldiers facing courts martial for cohabiting and fraternization. Had to sit as the officer for a special courts martial on one. Like all crime, you don't get every robber, rapist, or murder, but an effort generally is made to reduce the level of acts. When it becomes an issue of moral and discipline, the commands I've been in have acted and used various administrative or judicial means to resolve it.

Don, if you had read my post properly you would have seen I used the word "most", not "all". For the most part, people in the military are not charged for cohabiting and fraternization. It also depends in which branch of the military you are in - the Army is more prone on bringing charges, while the AF is more lax.

When this is all said and done, the only hole that will come out of this whole fiasco with something to show for it will be Felos. Being a Lawyer, and as all lawyers, they can smell money 5 miles away. Felos will take every last dime michael has then dump him like a hot potato and poor ole mikey will be destitute, which is presisely what he deserves. If the coroner in Pinellas County doesn't whitewash the investigation we will know exactly what the cause of her condition was and explain how she got so many broken bones found in the skeletal x rays previously.

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November 26, 2010


America@war
[Greyhawk]
I think anyone who's ever pondered the "comment" option - once only available on blogs and bulletin boards, now ubiquitous on almost any web site - will appreciate this:
The so-called faculty of writing is not so much a faculty of writing as it is a faculty of thinking. When a man says, "I have an idea but I can't express it"; that man hasn't an idea but merely a vague feeling. If a man has a feeling of that kind, and will sit down for a half an hour and persistently try to put into writing what he feels, the probabilities are at least 90 percent that he will either be able to record it, or else realize that he has no idea at all. In either case, he will do himself a benefit.

That's wisdom from the past, captured for posterity at the US Naval Institute, shared via the web on the institute's 137th anniversary.

From their about page:

The Naval Institute shall remain

INDEPENDENT - A non-profit member association, with no government support, that does not lobby for special interests;

NON-PARTISAN - An independent, professional military association with a mission, goals and objectives that transcend political affiliations; and shall encourage

IDEAS - Through its respected journals Proceedings and Naval History, its conferences, its books and its online content, in support of those who serve.

"The Naval Institute has three core activities," among them, History and Preservation:

The Naval Institute also has recently introduced Americans at War, a living history of Americans at war in their own words and from their own experiences. These 90-second vignettes convey powerful stories of inspiration, pride, and patriotism.

Take a look at the collection, and you'll see it's not limited to accounts from those who served on ships at sea, members of the other branches are well-represented.

I'm fortunate to have met USNI's Mary Ripley, she's responsible for the institute's oral history program (and she's the daughter of the late John Ripley, whose story is told here). She also deserves much credit for their blog. ("We're not the Navy nor any government agency. Blog and comment freely.") We met at a milblog conference - Mary knew (and I would come to realize) that milbloggers are the 21st-century version of exactly what the US Naval Institute is all about. Once that light bulb came on in my head, I mentioned a vague idea for a project to her - milblogs as the 21st century oral history that they are.

"Put that in writing," she said (of course - see first paragraph above!) - and here's part of the result.

Shortly after the first tent was pitched by the American military in Iraq a wire was connected to a computer therein, and the internet was available to a generation of Americans at war - many of whom had grown up online. From that point on, at any given moment, somewhere in Iraq a Soldier, Sailor, Airman or Marine was at a keyboard sharing the events of his or her day with the folks back home. While most would simply fire off an email, others took advantage of the (then) relatively new online blogging platforms to post their thoughts and experiences for the entire world to see. The milblog was born - and from that moment to this stories detailing everything from the most mundane aspects of camp life to intense combat action (often described within hours of the event) have been available on the web...

And et cetera - but since you're reading this on a milblog, you probably knew that. And you know that milblogs aren't just blogs written by troops at war, that many friends, family members, and supporters likewise documented their story of America at war online in near-real time, as those stories developed.

The diversity in membership of that group is broad, the one thing we all have in common is the impulse to make sense of the seemingly senseless, and communicate the tale - for each of us that impulse was strong enough to overcome whatever barriers prevent the vast majority of people from doing the same. Everyone at some point has some vague idea they believe should be shared - we were the people who, from some combination of internal and external urging, found and spent those many half hours persistently trying to write it down.

*****

But where will all that be in another 137 years? Or five or ten, for that matter. That's something I've asked myself since at least 2004 - when I wrote this:

Closing Blogs is nothing new. So many site's owners just give up on their own. They come and go, you know, these MilBloggers do. Like any other sort of blogger. Many post in the lonely down hours far from home, spill their guts for the world, then abandon their spots when the tour of duty is up. They have lives again somewhere in the world, and no need to share the details. So it goes.

Many are truly gone - no site left at all. "The page cannot be found." Other blogs remain, like abandoned defensive positions in shifting desert sands.

Membership in the ghost battalion has grown in the years since, and an ever growing majority of those abandoned-but-still-standing sites are vanishing. Have you checked out Lt Smash's site lately? How about Sgt Hook's? If you're a long-time milblog reader you know the first widely-read milblog from Operation Iraq Freedom and the first widely-read milblog from Afghanistan are both gone from the web. If you're a relative newcomer to this world you may never even have heard of them - or the dozens upon dozens of others who carried forth the standard they set down.

If you have a vague notion that something should be done about that, (a notion I've heard expressed more than once...) then you and I and the good folks at the US Naval Institute are in agreement. Preserving the history documented by the milbloggers is just one of the goals of the milblog project, the once-vague idea that we're now making real.

And it's a big idea, if I say so myself - too big to explain in one simple blog post, so stand by for more. Likewise, it's too big a task to be accomplished by just one person. So if you're a milblogger (and exactly what is a milblogger? is a topic for much further discussion on its own) I'm asking for your help. All I'll really need is just a little bit (maybe just one or two of those half hours...) of your time, and your willingness to tell the tale.

We've already made history, it's time to save it.

(More to follow...)




Posted 4:02 PM | Permalink | Comments (0) |

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The Mudville Gazette is the on-line voice of an American warrior and his wife who stands by him. They prefer to see peaceful change render force of arms unnecessary. Until that day they stand fast with those who struggle for freedom, strike for reason, and pray for a better tomorrow.
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  • Herb Grubb: When this is all said and done, the only hole read more
  • Copper: Don, if you had read my post properly you would read more
  • Don: Sorry Cooper, but I've seen soldiers facing courts martial for read more
  • A Comment: RE: GAL report The GAL report by R. Pearse recommended read more
  • Lilly: A person on a respirator is not denied the right read more
  • Copper: Chad - the parents never encouraged him to get a read more
  • Chad: Ummm... Copper, do you think that "get along with his read more
  • Copper: Last "Rights - I believe you have every right to read more
  • Herb Grubb: A very disturbing fact has come from this entire Terri read more
  • Last "Rights": Wow, Copper, I guess I said a lot with few read more

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The Mudville Gazette is written and produced by Greyhawk, who recently retired from 24 years of active duty in the US military, but will maintain this disclaimer: Unless otherwise credited, the opinions expressed are those of the author, and nothing here is to be taken as representing the official position of or endorsement by the United States Department of Defense or any of its subordinate components.

Furthermore, I will occasionally use satire or parody herein. The bottom line: it's my house.

I like having visitors to my house. I hope you are entertained. I fight for your right to free speech, and am thrilled when you exercise said rights here. Comments and e-mails are welcome, but all such communication is to be assumed to be 1)the original work of any who initiate said communication and 2)the property of the Mudville Gazette, with free use granted thereto for publication in electronic or written form. If you do NOT wish to have your message posted, write "CONFIDENTIAL" in the subject line of your email.

Original content copyright © 2003 - 2011 by Greyhawk. Fair, not-for-profit use of said material by others is encouraged, as long as acknowledgement and credit is given, to include the url of the original source post. Other arrangements can be made as needed.

Contact: greyhawk at mudvillegazette dot com

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*****

Tending Distant
Fires


Far from hearth and home, watching
Cold alone but not alone
On distant shore and only wanting
Safe return and little more

What tales we'll tell
When that time comes
When tales can be told

When things grim
Seem far away
When other fires go cold

Some distant sunset, vision fading
Memories remain
And tired eyes gaze 'pon folded flags
While distant drums beat their refrain

Saluting fallen friends whose names
And youth will never fade
Here's to those on other shores,
for them live well, the price is paid

- Greyhawk,
Baghdad,
December 2004