I am a Florida citizen and have followed this case and extensively
researched everything I can find regarding Terri Schindler-Schiavo
for over a year now. I am extremely glad the attempted murder of
Terri by starvation and dehydration was stopped after her feeding
tube was removed on two separate occasions, however, I believe
Terri's Law was written and passed into law for political purposes.
I also feel that the Florida Supreme Court will rule Terri's Law
unconstitutional, not that I am saying I believe it is
unconstitutional. I just do not believe ignoring state and federal
laws while passing Terri's Law at the last minute was the best
measure to take.

On October 15, 2003, Governor Bush asked for legal assistance in
saving Terri Schindler-Schiavo's life. At least five (5) expert
attorneys wrote letters to Governor Bush emphatically informing him
that he already had the power to stop Terri's dehydration and
starvation and to begin an investigation into the alleged abuses of
this vulnerable, disabled adult. Governor Bush chose to totally
ignore and disregard everything about which they had advised him. I
implore you to read what two Constitutional experts recommended the
Governor do at that time, without delay.


Read the 2 attorney's letters here:
http://www.societyfortruthandjustice.com/new_page_5.htm

Here is the full text of these 2 letters:



GIBBS LAW FIRM, P.A. TELEPHONE: (727) 399-8300
Attorneys and Counselors at Law FACSIMILE: (727) 398-3907
5666 SEMINOLE BOULEVARD, SUITE TWO
SEMINOLE, FLORIDA 33772
October 16, 2003

VIA EMAIL & FACSIMILE 850-488-9810


Honorable Jeb Bush
Governor, State of Florida
c/o Governor's General Counsel, Racquel Rodriguez
& Christa Calamas
Tallahassee, FL


Dear Governor Bush:

Several hours ago our office received a copy of a letter to you from
Mr. Jack Thompson, Esq., written in response to your request
yesterday for assistance from legal counsel inside and outside your
Administration toward the end of saving Terri Schiavo's life.

We wish to affirm and support the objective of saving Terri's
life as expressed in that letter. Mr. Thompson is correct in his
assessment that Terri has been sentenced to death without even the
normal means of appeal that would be afforded to her if she were a
convicted prisoner. Were Terri Schiavo a convicted prisoner, she
would at least have the possibility of a reprieve, or even a pardon,
from your office.

Several days ago, the Schindlers also asked our law firm to assist in
saving Terri's life and, in response, we closed our doors for two
days to permit our ten attorneys to review around the clock the more
than ten-year record in this case in search of a legal miracle. We
met with Terri's parents for several hours and spent hundreds of
hours collectively researching and consulting with previous and
present attorneys for the Schindlers. We know that other law firms in
other parts of the state have taken similar drastic measures this
week. Unfortunately we have all reached the same conclusion. The
probate court system has blocked all attempts to rationally review
this decision to sentence Terri Schiavo to death.

In reviewing the legal filings in this case, we noted that there is
much credible evidence that Terri Schiavo did NOT indicate to her
husband or to anyone else that she had a wish to die were she to
become disabled. We also saw evidence that leads us to believe
that some measure of successful rehabilitation was at least a
reasonable possibility had her husband/guardian and the probate court
system at any point along the way allowed the use of available funds
earmarked for her rehabilitation in a medical malpractice settlement
ten years ago.

There are many holes in this case. The "legal" facts that the court
system has determined, and that all the judges who have reviewed this
matter have affirmed, do not comport with the "real" facts. Terri
Schiavo's parents want to permit Michael Schiavo to move on with
his life and with his new family and desire to care for Terri
themselves.

There is no real, credible evidence in this record, despite the
probate court system's findings, that Terri ever told her husband
she would want to die under the circumstances in which she now finds
herself. Having entered the finding that she would have chosen to
die, the court system has shut down every available means of
reviewing alternatives, and has prevented access to Terri from any
medical personnel who believe in the possibility that she may recover.

On Monday, after our office had reviewed the legal history in this
case, we assisted the Schindler's attorneys in petitioning Judge
Greer to clarify his order that Terri Schiavo's feeding tube be
removed. The federal court had pointed out that Judge Greer's
order did not specify whether alternate feeding attempts could or
should be made following the removal of the nutrition and hydration
tube.

Several medical experts have testified that Terri has a swallowing
reflex. Our motion (which is attached) asked the probate court to
clarify the fact that, under its order to remove her feeding tube,
Terri could be given food and nutrition naturally by mouth under
medical supervision after her feeding tube was removed. The probate
court appears to be so committed to Terri Schiavo's death that it
refused even to consider hearing arguments on that motion and
denied it within hours of its filing.

Having carefully reviewed this matter over hundreds of hours
collectively this week, we are well aware of the legal roadblocks in
this case. Because the probate court's order did not specify
whether natural feeding should be attempted and did not bar the
hospice from attempting to feed Terri Schiavo, we believe that the
normal medical standard of care should be followed and that natural
feeding should be attempted.

Because Michael Schiavo has blocked access to any medical personnel
who would attempt such measures and has, we believe, instructed
hospice personnel not to attempt such measures, I suggest that it
would be appropriate for your office to intervene through the
Department of Children and Families in an investigatory capacity.
Toward that end, DCFS should be directed to open an investigation and
to appoint a doctor to examine Terri Schiavo and determine to the
Department's satisfaction whether she can be fed naturally. If
her current hospice care, as chosen by Michael Schiavo her present
guardian, is determined to have breached the medical standard of care
for patients, it should be held accountable and the Department should
take immediate custody of the patient.

As you can see from our Motion for Clarification, we were not asking
for yet another bite at the apple, but, rather, for reasonable
assurances that the family's legitimate concerns would be
addressed and protected. Rather than ensuring the family's rights of
access to their daughter, Terri's ability to have her last rites
administered by the family's priest, and the right of humane
treatment—even in the process of removing the nutrition and hydration
tube—the probate court system chose to leave these matters uncertain.

These uncertainties certainly open the door for an investigation by
the Department. Thank you for your compassionate willingness to
intervene. We stand ready to assist in this effort in any manner you
might find appropriate. At this point, your office appears to be
Terri Schiavo's only hope for life and for surviving a cruel and
unusual, judicially imposed death sentence.


Sincerely,

Gibbs Law Firm, P.A.

David C. Gibbs III

Admitted in Florida, North Dakota, Minnesota, Colorado, Texas, and
the District of Columbia.



Enclosures as stated




IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

PROBATE DIVISION



In Re: The Guardianship of

THERESA MARIE SCHIAVO,

Incapacitated.

___________________________________//

MICHAEL SCHIAVO, as Guardian of

the person of THERESA MARIE SCHIAVO,

Petitioner,

vs.

ROBERT SCHINDLER and MARY

SCHINDLER,

Respondents.

___________________________________//



MOTION FOR CLARIFICATION AND
SUPPLEMENTAL REQUEST FOR IMPLEMENTATION OF ORDER

Respondents ROBERT SCHINDLER and MARY SCHINDLER, as Parents and
Next Friends of THERESA MARIE SCHIAVO and through their undersigned
counsel, respectfully request this Court to issue a clarification of
its order entered September 17, 2003, and to supplement its ruling
regarding implementation thereof. In support thereof, Respondents
show unto the Court as follows:

1. By order of September 17, 2003, this Court issued the following
order:

ORDERED AND ADJUDGED that the Guardian, Michael Schiavo, shall cause
the removal of the nutrition and hydration tube from the Ward,
Theresa Marie Schiavo, at 2:00 p.m. on the 15th day of October, 2003.

2. Nothing in this motion should be construed as an attack on the
substance of the Court's ruling hereunder in setting a date for
the removal of the nutrition and hydration tube.

3. However, as was pointed out by the United States District Court,
Judge Richard A. Lazzara presiding, this Court's order does not
include any particular guidance regarding the procedures and process
to follow the removal of the nutrition and hydration tube.

4. Respondents' have contacted counsel for the Guardian and
requested that a mutually-agreeable medical witness be present to
observe the surgical removal procedure to ensure the procedure is
conducted in a medically appropriate and humane manner so as to
preserve Terri Schiavo's protected rights…

5. Respondents' request was denied….

6. Therefore, a genuine issue is in dispute and hereby presented to
the Court to clarify whether a medical witness, mutually agreeable to
the parties or in the event the parties cannot agree a medical
witness appointed by this Court, to observe the surgical procedures
ordered by this Court and to preserve Terri Schiavo's protected
rights.

7. Respondents have contacted counsel for the Guardian and requested
that accommodations be made following the removal of the nutrition
and hydration tube for medical personnel to be given access to Terri
Schiavo for the purpose of [oral feeding] through non-surgical means
of the nature available to any quadriplegic or paraplegic or
otherwise incapacitated individuals.

8. Respondents' request was denied….

9. Therefore, a genuine issue is in dispute and hereby presented to
the Court to clarify whether medical personnel must be granted access
to Terri Schiavo for the purpose of [oral feeding] through non-
surgical means of the nature available to any quadriplegic or
paraplegic or otherwise incapacitated individuals.

WHEREFORE, Respondents pray this Court clarify its order and
supplement its order regarding implementation by granting
Respondents' request and appointing a medical witness to observe
the surgical removal process and to issue an order granting access
for medical personnel to orally feed Terri Schiavo through non-
surgical means following the removal of the nutrition and hydration
tube.

Dated: October 14, 2003




John B. Thompson, Attorney
1172 South Dixie Highway, Suite 111
Coral Gables, Florida 33146-2750
Phone: 305-666-4366
Jackpeace@...

October 16, 2003



The Honorable Jeb Bush
Governor, State of Florida
C/o Governor's General Counsel, Racquel Rodriguez,
and Christa Calamas
The Capitol
Tallahassee, Florida Via Fax to 850-488-9810

Re: Execution of Terri Schiavo is "Cruel and Unusual Punishment"


Dear Governor Bush:

I have been asked by the family of Terri Schiavo to do what I can to
save her life in light of your request yesterday for assistance from
legal counsel inside and outside your Administration toward that end.

Governor, you have the power, by the mere stroke of a pen, to
prohibit what is, in every sense, the execution of Terri Schiavo by a
means that is both cruel and unusual in violation of Article I,
Section 17 of the Florida Constitution and the Eighth Amendment to
the United States Constitution.

Death by dehydration and starvation is arguably the most brutal,
inhumane, and pain-inducing way to kill any living creature. The
United States Department of Agriculture in its own regulations at
9CFR2.131 prohibits the withholding of food and water from farm
animals. Terri Schiavo is not less than a farm animal.

If you, as Governor, were to order the execution of a serial killer
on death row by means of withholding food and water, you would be
ordered by any number of courts not to do so. The horror of dying by
dehydration makes death by electric chair, by comparison, an act of
compassion.

The fact that this woman is neither accused nor convicted of any
crime makes absolutely no difference. In fact, the lack of
criminality makes the execution even more cruel and unusual,
for a criminal sanction is being imposed upon an innocent woman.

You have the power and the duty, under both the Florida and United
States Constitutions, which you took an oath to uphold, to enter an
Executive Order, today, to prohibit the imposition of any cruel and
unusual punishment in this State. Upon entering such an Order, you
then have the power, right, and duty to give force to that order by
dispatching state law enforcement officials to take custody of Terri
Schiavo and stop her forced starvation and dehydration.

Governor Bush, you do not need a court order to do any of this. No
court at any level has the power to revoke the Florida and United
States Constitutions. They cannot revoke your oath of office. You are
an enthusiast of the James Madison Institute, and as such you know
that the Executive branch of government is co-equal with the other
two branches. No judge has the power to elevate the judicial branch
over the executive branch thereby abrogating your state and federal
constitutional duties and powers.

On behalf of the family of this innocent woman, and with all respect
for the responsibilities of your office, we ask that you act
immediately.

Respectfully,
Jack Thompson


These 2 attorneys letters are posted at the link below:
http://www.societyfortruthandjustice.com/new_page_5.htm