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The Terri Schiavo Forum
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James
IP: 172.130.250.172 Sep 4, 07 - 9:43 PM |
Terri's GALs
David Gibbs Lied to the Federal Judge During final oral argument before one of the 19 Federal Judges who heard the case along the way, attorney David Gibbs made the statement in open court that at no time had a guardian ad litem ever been appointed for Ms. Shiavo. The Judge was astonished. Before rendering his final decision, his law clerks easily found in the record that a total of three guardians had represented the interests of Ms. Shiavo. If you are going to lie like that, you might as well tell the truth. In my opinion Gibbs did not lie. Terri really had no GAL. I don't believe Gibbs flat lied to the Judge about Terri not having a GAL. I think Gibbs was more concerned with role the GALs played in the entire litigation and that Terri really had no GAL at time critical decisions were made about her life. The court claimed that Terri had 3 GALs to protect her. On the surface, this would seem so. But when on looks at the record, Terri had really no GAL to advocate for her best interests: GAL Pecarek - This was first GAL. His role was involved in the first guardianship suit. GAL Pecarek played no role in the feeding tube removal litigation. Pecarek's report also went unchallenged and lawyers were not allowed to question him. GAL Pecarek was not part of Terri's due process regarding the feeding tube removal. GAL Pearse - This was second GAL. He was appointed in 1998. After submitting his report indicating Michael had conflicts of interest, he was discharged upon recommendation by George Felos for having a bias. No GAL was then appointed. GAL Pearse recommended a GAL be appointed for the remainder of the litigation. It was denied. Pearse's appointment was more investigative in nature than advocative. GAL Wolfson - This was third GAL. He was not appointed independently by the court. He appointed by the the provision in Terri's Law which was later found to be unconstitutional. Wolfson urged a swallowing test and a permanent GAL. Both were denied. As far Terri's due process, Wolfson's appointment was not manifested by the court but by the actions of the governor which were later to be found unconstitutional. When one looks at the case, a GAL was never in place during critical decisions made about Terri's life: 2000 Trial - No GAL was in place. 2002 Trial - No GAL was in place. Federal Court hearings - No GAL was in place. Gibbs is absolutely correct in saying that Terri was never appointed a GAL. Judge Greer did in fact assume the role of GAL as well as a judge in the Schiavo matter. This created a host of ethical and legal problems which compromised Terri's due process: http://findarticles.com/p/articles/mi_qa3975/is_200607/ai_n17185847 The argument was that Terri never had a GAL advocate just to promote her best interests in court, not that the court had never appointed someone to give an evaluation for a limited time or purpose. That becomes even more significant when one realizes that the court never actually followed the advice of any of the GALs since their advice actually would have tended to help Terri. Even the final GAL, Wolfson, thought Terri should have been reevaluated at the least. In fact the court never followed any of the GAL's (Wolfson and Pearse) advice. Pearse - Recommended a permanent GAL. Never done. Wolfson - Recommended a swallowing test, updated medical evaluations, and a permanent GAL.- Never done. The courts also steered away from Florida Law mandating the appointment of GALs when conflicts of interests exist: 744.391 Actions by and against guardian or ward.--If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward. |
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Walter In FL
IP: 70.127.118.160 Sep 5th, 2007 - 5:08 PM |
Re: Terri's GALs
James You have been shown by many people that Terri had 3 GALs. The last was appointed by Jeb Bush. He made a report to the Jeb Bush which the Schinder supporter, RTL and RR did not agree with. Yet you continue to post mis-information and half-truths. |
Janice Sanford
 IP: 205.188.116.8 Oct 4th, 2007 - 4:13 AM |
Re: Re: Terri's GALs
Walter, let's keep the facts straight. Jeb Bush DID NOT appoint Jay Wolfson. Judge Demers appoints Dr. Jay Wolfson as Ms. Schiavo’s guardian ad litem. http://www6.miami.edu/ethics/schiavo/timeline.htm |
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Janice Sanford
IP: 205.188.116.8 Sep 5th, 2007 - 10:10 PM |
Re: Terri's GALs
Statement By: Governor Jeb Bush Guardian Ad Litem's Report TALLAHASSEE - “I appreciate Dr. Wolfson’s time and effort in this endeavor. I also respect the tremendous challenge of preparing an accurate, independent and thorough review of nearly 10 years of information in only 30 days. That Dr. Wolfson recognizes the continued need for an independent third party Guardian Ad Litem is encouraging, as is his recommendation that Mrs. Schiavo undergo swallowing tests and therapy. Based on this third party analysis, I am hopeful that Mr. Schiavo and his attorney will no longer prevent this vital testing from taking place. This would be a first step in the fresh, clean-hands start that Dr. Wolfson recommended at the end of his report. “Taken as a whole, however, I am concerned that too many open questions still remain. Chief among them is the issue of Mrs. Schiavo’s wishes, and whether or not there is clear and convincing evidence as to what those wishes were. The current court proceedings have not addressed this issue, or her current guardian’s conflicts of interest, nor have I been given the opportunity to develop evidence, or test the accuracy of Mr. Schiavo’s assertions on this matter. “I am also concerned we do not know the expertise of the individuals who provided the ‘answers’ to the questions that are addressed in the report. I am sure that Dr. Wolfson, who indicated his reliance on ‘good science-based medicine,’ understands the importance of knowing which good scientists and good doctors he relied on to reach certain conclusions. “As I have said from the beginning, the state must protect every Floridians’ right to life, and in so doing, err on the side of life. As Governor, I will continue to do just that. Nothing in Dr. Wolfson’s report leads me to believe the stay should be lifted at this time, or that Mrs. Schiavo should be deprived of her right to live.” |
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James
IP: 172.129.35.147 Oct 4th, 2007 - 7:17 AM |
Re: Terri's GALs
Your right Janice. Wolfson was never appointed by JEB. They simply stipulated that a GAL was to be appointed. Michael and Schindler couldn't agree on one so the court appointed Wolfson. It is unknown on whether JEB thought Wolfson was good choice. We know that the Schindlers had problem with Wolfson being appointed because of public comments he made which suggested he wasn't for Terri's Law which would indicate a potential bias. Unfornnately, the court did think this was important and appointed Wolfson anyway despite the Schindler's objections. |
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