Originally Posted - May 20, 2006


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COMMENTARY - Florida Bar Continues Schiavo Brainwashing

The brainwashing in the Terri Schindler Schiavo case continues, fueled by Floridian lawyers and jurists who are consciously compelled to try to justify to themselves and others the judicial murder of an innocent handicapped woman.

For more than five years the legal and judicial sector has been trying to sell the public a verdict of justifiable homicide based solely on the self-serving hearsay testimony of a domineering, jealous husband and his family members, aided and abetted by a egomaniacal judge with a death cult agenda. They have tried to accomplish this with reciprocating pats on the back and a spate of hollow awards accompanied by taking their show on the road to bioethics symposiums and conferences up and down the Eastern seaboard. Apparently they think that if they tell the same lie enough times it will become the truth.
http://www.northcountrygazette.org/articles/051206SchiavoInsult.html
http://www.northcountrygazette.org/articles/043006LawDayHypocrisy.html

The Merriam-Webster dictionary defines brainwashing as "a forcible indoctrination to induce someone to give up basic political, social or religious beliefs and attitudes and to accept contrasting regimented ideas, persuasion by propaganda or salesmanship.

In the Schiavo case, it's the forcible indoctrination upon the public of euthanasia of the disabled and elderly---the sale of forced death in America.

Not matter how many times Pinellas County probate court judge George Greer and his conspirators in judicial homicide tell us what they did was right in the Judge George GreerSchiavo case, it's just not so, it will never be clear and convincing evidence in the eyes of the public. They apparently think that if they continue to brainwash the mainstream media, continue to poison and taint the public, label themselves as heroes for killing a disabled person that they can claim judicial independence gave them the right to do so---kind of like a self defense claim to murder. No matter how many ways they argue right to privacy and right to die, there just was no clear and convincing evidence that Terri Schiavo wanted to die and by forcing her death, Michael Schiavo and George Felos decimated her privacy, exploited it for their own personal gains.

No matter how many times they claim Terri's death was justified, it doesn't change the facts. It was pure judicial tyranny that killed Terri Schindler Schiavo.

"Power corrupts and absolute power corrupts absolutely".

The life of Terri Schindler-Schiavo was in the hands of two judges, Greer and U.S. District Court Judge James Whittemore of Tampa.

And they signed, sealed and delivered her death warrant and the death edict for thousands more to follow, incapacitated individuals who can't speak for themselves.

The death cult twins.

Judge James Whittemore Greer and Whittemore are the judges who set the stage in America for the mass extermination of the disabled and elderly as part of the government's effort to save on Medicare, Medicaid and Social Security costs. The Schiavo case, with all its conflicts with sex, money and power, should not have become the landmark case that determines the fate of the incapacitated.


Last year, the Clearwater Bar Association created an award for Greer, for his "judicial independence" in refusing to step aside and let an impartial judge handle the case, to appoint an independent guardian to represent Terri's best interests, to appoint independent counsel for her, to order new medical tests.

This year, the hypocrisy continues with Whittemore receiving the newly created George W. Greer Judicial Independence Award, presented at the bar association's 45th annual Law Day celebration held last week.

Florida's lawyers and jurists have spent the past year trying to justify their actions, lauding George Greer for his "judicial independence", the egocentric icon of judicial tyranny who tyrannically wielded the power of his black robe over a disabled woman, refusing to comply with the Constitution, judicial canons, the rule of law or even the law of his church.

Last July, Greer and Whittemore, the judges most responsible for the death of Terri Schiavo, were named as jurists of the year by the Florida Chapter of the American Board of Trial Advocates (ABOTA).

Attorney General Charlie Crist who is statutorily mandated to protect Florida's vulnerable and elderly, refused to get involved in the Schiavo case but at the ABOTA conclave, said he was "proud of both judges" for their role in killing a vulnerable adult woman. Crist, whose gubernatorial campaign is heavily funded by lawyers, lauded Greer and Whittemore, saying "You are heroes to all of us and your defense of the judiciary and what is right is beyond admirable".

He was correct about one thing---it's beyond admirable.

According to the St. Petersburg Times, longtime advocate for Michael Schiavo and Greer, the bar association's keynote speaker for the Law Day affair, Charles Rose, said that the rule of law is in great danger in our country. Rose is an assistant professor at Stetson College of Law, the alma mater for former Pinellas County Sheriff Everett Rice who hired Michael Schiavo, and for Pinellas County state attorney Bernie McCabe who steadfastly refused to open a criminal investigation into the Schiavo case. The last guardian ad litem in the Schiavo case, Jay Wolfson, is a professor at Stetson.

Judicial activism and judicial egotism is what's endangering the rule of law and thankfully, the public is becoming incensed enough about the unjust rulings in the Republic that they are starting to make their voices heard.

Rose depicted members of the legal profession as "heroes" and advocated judicial and legal tyranny, "to stand up and make a difference, to demonstrate courage".

Sounds like they're all afflicted with delusions of grandeur and that they could be in danger of falling over from patting themselves on the back. Hopefully the public will be the ones who stand up, make a difference and demonstrate courage to effect the changes needed. The legal and judicial system in our Republic has gone awry, black robe power out of control.

The Times said that Whittemore's claim to fame in the Schiavo case is that when it was assigned to him at 3:30 in the morning, he refused to get involved.

What is the most important, if not crucial, is what the Times didn't say.

In denying the request March 22, 2005, for a temporary restraining order to restore Terri's feeding tube and thus save her life, the intent of Congress and the President, Whittemore wrote that her parents, Mary and Bob Schindler Sr., didn't have a substantial likelihood of success on the merits of their arguments.

Congress and the President had intended that the feeding tube be reinserted while the federal courts conducted a de novo review of the case. Whittemore in essence denied that new review with only a cursory view of massive court file.

However, they would have more of a likelihood of success had Whittemore disclosed his overwhelming conflict of interest in the matter that ethically prohibited him from sitting on the case on the case at all.

Judges who violate the Code of Judicial Conduct and Professional Responsibility shouldn't be lauded, they should be removed from the bench.

But these same lawyers and judges who are busying engaging in self adulation are the ones protecting each other from sanctions from the conflicts and misconduct in the Schiavo case.

Whittemore, who had served in the 13th Circuit Court of Hillsborough County from 1990 to 1999, ruled that "the court concludes that Terri Schiavo's life and liberty interests were adequately protected by extensive process provided in the state courts".

But there had been extensive conflicts of interest and improper rulings in the state courts against Terri Schiavo and her parents beginning with Judge Thomas Penick in the guardianship case, then with conflicted Mark Shames who had discussed the entire case with the Schindlers when they sought to retain them to represent them in the case and with Greer.

And those perverse conflicts of interests extended into Whittemore's federal court.

Whittemore failed to disclose that one of the attorneys who had formerly represented Michael Schiavo had been a member of the judicial nominating commission which had recommended him for his judicial position on the 13th Judicial Circuit Court of Hillsborough County where he served until he was nominated by President Clinton for the Middle District of Florida in 1999 and confirmed.

That attorney was Constance Felos, wife of Michael Schiavo's lead attorney, euthanasia advocate George Felos.

Whittemore was allegedly chosen at random in 2005 to hear the application of Schindlers for a temporary restraining order.

Congress passed and President Bush signed into law a bill that was designed to save the life of Terri Schiavo, to provide a de novo review of the case, to extend jurisdiction of the case into the federal courts.

But Whittemore quickly squashed that, giving a purported de novo review of the 10-year-old court case in a little more than 24 hours following a two hour court hearing.

Immediately following the hearing, George Felos appeared on Fox News, stating that he was "impressed" with Whittemore, saying that the judge would not succumb to public pressure and that he was confident the Constitution would be preserved. In other words, he was satisfied and confident he had the judge in his pocket.

Although obviously aware that Felos and his ex-wife, the former Constance McCaughey, were the attorneys for Michael Schiavo, the man intent on the court-sanctioned homicide of his wife and ward, Whittemore failed to disclose his fatal conflict which ethically precluded him from being the judge which sounded Terri Schiavo's death knell.

Whittemore, as well as Felos, failed to disclose that Constance McCaughey had been a member of the 13th Cirucit Judicial Nominating Commission which had recommended his judicial appointment as circuit court judge, the springboard for Whittemore's federal judgeship.

According to the Florida Bar Association, McCaughey served on the judicial nominating commission from 1988 to 1992. She was named commission chairman in 1991.

The nine-member group consists of three lawyers or non-lawyers appointed by the governor, three lawyers appointed by the Florida Bar and three non-lawyers selected by the six appointed members. All members serve four-years with no compensation.

The commission nominates candidates to the Governor for judicial replacements in Hillsborough County when vacancies occur between elections.

The Governor then appoints from the commission's recommendations. The commission convenes only when there is a vacancy in an existing judgeship due to illness, resignations or retirements, or when a new judgeship has been created. After the appointment is made, the judge serves for the balance of the designated term. When the term ends, the appointed judge who is then the incumbent, must seek election and ultimately the people elect judges of the Circuit and County Courts in Florida.

But, as in political races, the incumbent always has the advantage and those judicial nominating commissions wield a great deal of power. Voters elect county and circuit court judges in supposedly non-partisan elections every six years. But contested judicial races are extremely rare and under the retention system, if no one runs against a judge, his or her name never appears on the ballot.

It has been estimated that more than half of the state's 750+ judges owe their seats to governors. And that includes Whittemore---who owed his 10-year tenure in the Hillsborough circuit court to the Governor----and Constance McCaughey.

Therefore, it would naturally be a conflict of interest for the lawyers who had a role in placing the judge on the bench to then practice cases before him.

Such as Constance McCaughey.

She married George Felos in July, 1996. She was 44, he was 52. She joined him in his law practice, Felos and Felos, and entered the Schiavo case in May, 1996, when Sixth Circuit Court Judge Mark Shames allowed Michael Schiavo to use the proceeds of Terri's trust find to hire an attorney to end her life, not just any attorney, but Felos who already had the Estelle Browning guardianship case under his belt. It was a premeditated murder, assisted by Judge Mark Shames who had intimate knowledge of the case having reviewed it at length with Mary and Bob Schindler who had asked for his help as an attorney in saving their daughter's life. The Schindlers couldn't raise the $15,000 retainer fee Shames wanted. He then became a judge and when assigned the Schiavo guardianship case, instead of immediately disqualifying himself as required, Shames instead tried to order Terri's feeding tube removed without the knowledge of her parents. He then authorized Michael Schiavo to use the money in Terri's trust fund, earmarked by a jury for her rehabilitation, to instead pay Felos and other lawyers to end her life.

The Florida Code of Judicial Conduct dictates that a judge is mandated to disqualify himself in a proceeding in which he has personal knowledge of disputed evidentiary facts concerning the proceeding and if the judge has served as a lawyer (or been consulted) in the matter in controversy.

Neither Shames, nor Greer nor Whittemore have ever been sanctioned for their blatant conflicts of interest and prohibited conduct.

Constance remained in the case, presumably financially benefiting from Terri's trust fund, until 2001 when she and George divorced. During the guardianship proceedings on behalf of Michael Schiavo earlier in the case, D'Angelis, McCaughey or Felos---whatever name she was going by---served as Michael Schiavo's co-counsel.

She assisted her husband in filing Michael's first petition to remove Terri's "artificial life support" in 1998 and brought CT scans and other medical data to support the claim Terri was in a so-called persistent vegetative state.

The Florida Bar will no doubt continue to laud the judges with contrived awards but as the saying goes, you can fool some of the people all of the time and you can fool all of the people some of the time but you can't fool all the people all of the time and that includes brainwashing the public about the Schiavo case.

One of these days the truth, the whole truth and nothing but the truth will be told.   June Maxam 5-20-06

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© 2006 North Country Gazette


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