kimsch

I Was Right

In an earlier post, I noted that Michael doesn’t have any say in the autopsy, whether it is done at all, who does it, what is examined. Life News is reporting that the Pinellas County Medical Examiner, Jon Thogmartin, had decided to perform an autopsy well before Michael gave his “approval”, “authorization”, or whatever.

Yesterday, George Felos stood in front of dozens of reports and announced that Terri Schiavo’s estranged husband Michael had changed his mind and would allow an autopsy to be conducted on Terri if she dies.

The altruistic statement declared Michael wanted to exonerate himself on accusations he abused Terri and to show Terri is very severely brain damaged.

Yet, the decision to conduct an autopsy had already been made when Felos spoke with the media — and not by Michael or Felos.

Jon Thogmartin, medical examiner for Pinellas and Pasco counties, tells the St. Petersburg Times newspaper he made the decision to conduct an autopsy if necessary and said it had nothing to do with Michael’s change of heart.

“We have determined to be involved because of the statutes and because the people of the state of Florida say we are involved,” Pellan said. “Not because Michael Schiavo wants us involved.”

Read the rest.

Related: Scared Monkeys

11th Will Consider the Schindler's Appeal

AP:

The 11th Circuit will consider granting a hearing. They haven’t said when they will decide if they will or not. Will it be too late? Is it already too late?

In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didn’t say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavo’s feeding tube would have on her, as she approached her 13th day without nourishment.

The order issued allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

Its one-sentence order said: “The Appellant’s emergency motion for leave to file out of time is granted.” Twice last week, the court ruled against the Schindlers.

In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn’t consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.

The Autopsy

Michael doesn’t have to authorize an autopsy, Michael really doesn’t have any choice in the matter and he can’t refuse an autospy, the Medical Examiner needs to approve the request for a cremation before it happens.

Yesterday, George Felos said “that the chief medical examiner for Pinellas County, Dr. John Thogmartin, had agreed to perform an autopsy.

He said her husband wants definitive proof showing the extent of her brain damage. Michael Schiavo contends his wife told him years ago she would not want to be kept alive artificially under such circumstances.” (Via Fox News).

Michelle Malkin has some more links regarding this announcement and questions that have arisen regarding Terri’s condition.

Last night on Greta Van Susteren, reporter Julie Banderas said that it’s Florida law that an autopsy be performed on any body before cremation. This isn’t precisely true, in the case of a natural death with no questions, the Medical Examiner can approve a cremation without an autopsy, but the Medical Examiner must give approval before a body can be cremated.
At the Pinellas County Medical Examiners website here is the relevant statute: 406.11(1)(c)

A. All requests for cremation must be approved by the Medical Examiner prior to the actual cremation.

1.Before authorizing the irretrievable disposal of a body by cremation, the Medical Examiner must be assured that no future question will arise about the cause or circumstances of the death of the individual.

2. The death, if previously unreported to the Medical Examiner, must first be verified as a non-Medical Examiner case according to Florida Statutes, 406.11

Greer Rejects Again

Greer rejected the Schindler’s appeals once again.

Bob Schindler was just on, and said that Terri is doing remarkably well considering the circumstances. She is FIGHTING TO LIVE….

Can’t they see this? Put the tube back, or at least allow oral water and food.

People and Livestock

Jeff asked me to post on this story: Cabot farmer serving reparative sentence for cow deaths From the Barre – Montpelier Times Argus in Vermont. Christian DeNeergaard, from Cabot, VT was convicted of not feeding or watering his 75 cows, allowing 11 of them to die as a result of this neglect. He was supposed to rectify the situation, but on a subsequent inspection, 15 more cows were found dead of starvation. PETA, of course, wanted him to go to jail. He was not sentenced to jail because of technical issues in the search of the property.

Of course, this man’s behavior is abhorrent and should be punished. But where are PETA now? There is a term “The Human Animal” isn’t there? Get all up in arms for starved cows, but not for a starved human being? Maybe it’s because the cows didn’t tell the bull that they wanted to die.

Anchoress has another story on starving cows: O Irony! FL rancher charged with starving cattle

Welcome Polipundit readers.

Curiouser and Curiouser

According to Junk Yard Blog:

The Hapless Misadventures of the Pinellas County Court System keeps getting stinkier and stinkier and scarier and scarier. Michael Schiavo’s attorney George Felos took his case and then filed the petition to introduce HB 2131 in 1999. Then the law in Tallahassee gets changed. Then the Schiavo case gets heard. In that order.

In April 1999 – House Bill 2131 was introduced in the Florida legislature by the Florida Elder Affairs & Long-Term Care Committee to amend Section 765 (Civil Rights) of the Florida Statutes. The amendments to Section 765.101 were the legal definition of “life prolonging procedures” to add: “INCLUDING ARTIFICIALLY PROVIDED SUSTENENCE AND HYDRATION, WHICH SUSTAINS, RESTORES, OR SUPPLANTS A SPONTANEOUS VITAL FUNCTION”. It becomes law on October 1, 1999.

Go read the rest.

Need someone dead? Get a law passed that will assist you in your endeavor.

Welcome Polipundit, Wizbang, & Myopic Zeal readers. There is a list to the right of other Terri stories at this site.

Milestone

We just reached 10,000 on our sitemeter. Thanks to all our visitors and referrers.

Also just to put our growth in perspective, while we had 2000 hits last month, this month we’re approaching 6,000. It’s been great working with kimsch and we really appreciate all of our visitors and……….and………there I go……I promised myself I wouldn’t cry……………..talk amongst yourselves. (Jeff)

Property has more rights than Terri

The American Spectator Where There’s No Will By Clinton W. Taylor

In Florida under the intestacy (dying without will) statute, everything goes to the spouse no matter what. Clinton Taylor states: “[T]he kind of testimony Michael Schiavo gave would not be sufficient (or even admissible) to affect the disposition of Terri’s property — but it is sufficient to end her life.”

Go read the rest.

Via Patterico’s Pontifications.

mm-5