April 24, 2005
Schiavo myth collapses
No thanks to Gov. Bush, Floridians know that Gov. Bush misused one of the state's largest agencies during the Terri Schiavo case.
In late February, as a Pinellas County judge was about to allow removal of the feeding tube keeping Ms. Schiavo alive, the Florida Department of Children and Families claimed to have evidence that the brain-damaged woman had been abused. A DCF lawyer asked to intervene, but the judge refused. One month later, after the tube had been removed, DCF was back, asking that the tube be reinserted while the agency investigated these supposedly new but anonymous reports of abuse. Again, the judge refused.
Two newspapers then sued to force release of DCF's records. Lo and behold, when the 45 pages from the period 2001-2004 were released on April 15, another myth collapsed. Investigators had found "no indicators of medical neglect or exploitation" despite 89 complaints. Terri Schiavo had no broken bones, no needle marks on her arms. Michael Schiavo was not injecting his wife with insulin, a charge that talk radio and the Internet fed. As for the idea that Mr. Schiavo abused his wife by failing to get her dental care, an investigator said treatment would have been a problem because Ms. Schiavo could not swallow.
Though the records the newspapers forced the state to release don't cover 2005, only those who indulged the nut-case conspiracy theorists would conclude that there was anything new. A DCF spokeswoman sidestepped a question from The Orlando Sentinel by saying, "We have a duty to protect the vulnerable and investigate allegations of abuse." Given the continuing problems DCF has in protecting "the vulnerable" who are in state care, Gov. Bush should focus the agency on them. The last time we checked, that was the governor's job.
Posted by Opinion staff at April 24, 2005 6:04 PMBill Frist is being hosted by churches around the country tonight. Why not just let the churches select the laws? Who wants us pesty Americans telling Congress what we want?
Posted by: Gloria at April 24, 2005 7:50 PMRe the Terry Schiavo debacle, had Governor Bush not put his two cents in where it was totally unwarranted, most likely the disgusting political involvement would not have happened. Jeb has an agenda, he could have cared less about Terri Schiavo, like his brother, face time and a political agenda is of the utmost importance. Proof of that would be with the Frist fiasco. I cannot wait to see the backs of all of them.
Posted by: Sheila at April 25, 2005 7:20 AMDear Sheila:
This accusation regarding the governor is unwarranted. It was the people of Florida who saw the continued violations of Florida law regarding the Schiavo case and the obscene oral hearsay testimony that Judge Greer ruled as "clear and convincing," which became her death sentence.
These oral comments presented to the court did not constitute the legal definition as defined under Florida Law FL.S.765 for clear and convincing evidence. Also, the case raises serious issues about another law we have contained in FL.S. 765, which is that Euthanasia is illegal in the State of Florida.
No judge can nullify existing law. Essentially, that is what Greer did.
When Michael Schiavo went to the courts to have his wife starved to death without an advance written directive and 10 years after the fact, and after he had won hundreds of thousands of dollars to provide her rehabilitation with, which he did not do; he got the public's attention.
It was the public citizens who contacted their legislators about this disturbing case. It was they who demanded intervention. This is reflective of a govenment for the people, by the poeple, unlike the judicially ordered tyranny that was displayed at the 6th circuit.
If, under Florida law, you cannot starve a cow or a convicted murderer; what makes you think that the people of Florida with a conscience, would stand by while another human being is mercilessly put to death by starvation without any convincing evidence?
This cannot be blamed on Gov. Jeb Bush. He has a duty as the Chief Law enforcement officer of this state to ENFORCE Violations of Florida law; a title only granted to the Governor in his Supreme Executive authority under the Florida Constitution, Article IV seciton 1, A and B.
As such, he also commands all the armed forces of the state not engaged in war and that would include the St. Pete Police and the FDLE. And quite frankly, legally, could have acted (taken her into protective custody) if he was convinced of this, he would have.
The Gov. chose instead to follow the advice of his legal counsel and respect the ruling from Judge Greer's court order, as most would. ("rule of law," Marbury vs. Madison)
There are varying positions which have legitimacy for both sides of that argument. Gov. Bush, to the dismay of his base, myself included, chose the safer course; however his concern for Terri had been readily apparent throughout the 2 year ordeal and I admire him for that. I believe his actions were heroic under the circumstances. The case was in uncharted waters and it was a sad outcome for our state. Terri Schiavo was a living breathing human being.
There was no ulterior motive in his actions, plain and simple.
Nancy MCGowan
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