The judicial branch is the culprit

By Cynthia A. Janak

The judicial branch is the culprit in the murder of Terri Schindler/Schiavo and Michael Schiavo and George Felos are the accomplices. If you take this case out of the realm of right to life or right to die you will see that our judicial branch has taken it upon themselves to rule in a kind of dictatorship. They are the new elite and demand, under pain of incarceration, our unyielding devotion.

We all know this to be true. Our knowledge stems from anyone who has gone to traffic court, divorce court, fought for the custody of a child and any other court occurrence. The judges will rule, not purely on the law but on the way they feel that day. This is predominate in traffic court. The judges will rule against the corporations for being successful. They rule against the common man for not having the money to hire a multi-million dollar attorney to represent them. They rule against the love of a family that is trying to protect an innocent from harm. They rule for the person whose attorney has given a campaign contribution. They rule for the company who supports their re-election. In essence, they rule the way that would best serve them.

This is not to say that there are not good, conscientious judges out there that do their job and follow the law. There are and they should be commended for their rulings. But, there are judges that are giving the whole judicial branch a bad name and because of that the good judges are suspect because of association.

With that being said I want to explain further what happened with Terri Schindler/Schiavo case and what it really represents. Let me start with these quotes.

Thomas Jefferson in a letter to Monsieur A. Coray, Oct 31, 1823, "At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."

Jefferson also wrote, "The care of human life and happiness and NOT their destruction, is the first and only legitimate object of good government."

229 years ago, our founding fathers declared our independence as a free sovereign nation and established a set of moral principles that would become the foundation for the greatest nation on earth. Those basic moral principles began with a belief that all men were created equal, endowed by our Creator with certain inalienable Rights.

The first of those basic Rights established was a common inalienable Right to Life, followed by an individual Right to personal Liberty and the pursuit of Happiness. In their clear determination to design a truly free self-governed nation, they placed their trust in God and these fundamental Rights.

What we have seen with the Terri Schindler/Schiavo case is simply unlawful activity of our justice system. This case has evolved to become more than just a right-to-life or a right-to-death issue. It has transformed into whether a disabled or handicapped person can expect to receive a fair and unbiased hearing in a court of law. It has transcended to become the landmark case of judicial tyranny.

If you look at the case and the people that are involved you will see that the civil rights of Terri Schindler/Schiavo were denied due process. Contrary to Florida law Judge Greer appointed himself Terri Schindler/Schiavo's guardian. This was a conflict of interest because Judge Greer received campaign contributions from George Felos law firm and from people with interests in the hospice center.

If you read the affidavits from the two independent counsels that were appointed you would see that they stressed that Michael Schiavo should not be the guardian because of conflict of interests. The first being that he had another family. Second was that he stood to benefit from her demise by receiving money from the trust fund for Terri's rehabilitation. Third item was that there was suspicion of abuse from Michael.

When this was presented the independent counsels were dismissed from the case. No other independent counsels were appointed after that.

There were also several nurses that took care of Terri in the nursing homes that Terri resided. They all signed affidavits to Terri's condition. One said that in the beginning when she was receiving therapy they had her walking a few steps with a walker and that she was trying to talk and form words. The other affidavits referenced bruising and other marks on her person after Michael's visits to her. These two other nurses took care of Terri after the settlement was awarded. They were dismissed when this was brought up to the administration of the (1) nursing home and (1) hospice center. Also, in these affidavits it is mentioned that Michael had repeatedly asked when she was going to die and that they were not to give her any type of therapy what so ever.

There are other affidavits from confidants of Michael that said he had no knowledge of what the wishes of Terri were prior to 1997. They also stated during interviews that they do not know why Michael would pursue so strongly to put Terri to death.

In additional affidavits from doctors that spent hours evaluating Terri to ascertain if she was in a Persistent Vegetative State or just minimally conscious attested to the fact that they felt that with the advances in therapies for people with brain damage that she could be rehabilitated. They attested to the fact that she was not PVS.

If you have been following the case you will know that Terri was first admitted into the hospital due to cardiac arrest. The malpractice lawsuit stated that the misdiagnosis was due to her being bulimic and potassium imbalance was misdiagnosed. If you look up potassium imbalance and body functions you will find that when a person is in a period of massive tissue repair the insulin levels are elevated. A variety of situations may cause potassium to be lost from the total body stores. Potassium is depleted during times of stress when the adrenal glands secrete increased levels of epinephrine, pulling potassium from the cells to then be excreted by the kidneys. You will also know that when insulin is given to reduce the hyperglycemia, potassium returns to the intracellular space, reducing serum potassium to dangerous levels if no replacement is given. This could cause cardiac arrest. Some of the signs of this are irregular heartbeat, muscular fatigue and slow thought processes. As to the results of an electrocardiograph, changes accompanying hypokalemia are ST depression, flat T waves, U waves and dysrhythmias. The pulse will be fast then slow. If digitalized, monitor for digitalis toxicity.

Question: What happens when a healthy person receives an insulin injection?

In one of the affidavits by one of the nurses she states that she saw in the garbage can of Terri's room an empty bottle of insulin after Michael had left. Terri was in distress at the time and she checked her blood sugar levels. The results were that her blood sugar levels were dangerously low. She took care of this issue and Terri was okay after that.

Now, ask yourself, hypothetically, what if Terri was in this state of massive tissue repair and she was given insulin or some other dietetic drug? What would the results be? She would be put into cardiac arrest.

If you look at the Florida State Constitution you will see that Judge Greer violated her rights. If you read our Constitution and Bill of Rights you will see that her rights were denied.

Judge Greer violated her rights to a fair hearing by not allowing this additional evidential testimony to be admitted in court. He denied her rights by not letting DCF investigate allegations of abuse, which they are required to do by law. He denied her rights by dismissing a Congressional subpoena. With this they are all in contempt of Congress.

The Supreme Court denied her right to a pro novo hearing, which is that the case would be reviewed anew and the new evidence would be admissible. This was enacted, put into law by a bi-partisan vote and signed by the President Palm Sunday. Yes this law was for a single individual but it would of put in place a way for our legislators to create a permanent law that would encompass all individuals of this nation. Our legislators are there to protect the individual as well as all the people of this nation.

If you look at the case in it's entirety you will come to realize that she was denied her due process every step of the way. This is not a case of the right to die or to live. It is a case of judicial disobedience of Congress, the Constitution, State of Florida Constitution and the Bill of Rights that we hold dear. It is the judicial disobedience as to the rules of law.

It is also noted that the hospice center and its organization was part of a Medicare/Medicaid fraud investigation. It was further ruled to be founded that they were in violation and fined $14.8 million. They still need to pay this back. It is also noted that George Felos was on the board of directors of this organization during this time. When he orchestrated Terri, a healthy individual, to go into a hospice care, he was on the board of the facility. Only, terminally ill people diagnosed by a competent physician are allowed by law to avail themselves of hospice care. The diagnosis is that the person has less than 6 months to live. These documents were not present at the time she was admitted into hospice. Hospice care is funded by our tax dollars.

Unfortunately, this poor woman had to pay the ultimate price for this judicial disobedience of the law. She has now become a martyr and we now need to change the system of judicial disobedience so that no other person, whether they be handicapped or disabled, ever has to endure the pain and suffering that she and her family endured at the hands of her on paper husband, his angel of death attorney and the Judge.

One last note to everyone reading this. Please read and reread what you want for your end of life care. You need to be very specific as to your wishes. You need to state that a feeding tube is not extra-ordinary care. My father had a feeding tube because of an illness. He told me that the only thing he missed was his coffee in the morning. You need to be sure that the person you appoint for your advocate will carry out your wishes to the letter. You do not want to put yourself in a position that Terri was in. If you are cognizant you do not want the court to rule that you are to starve and dehydrate to death.

We treat our animals and serial killers better than this.

A note to the corporations. If you think that this judicial disobedience stops with the common man, think again, because you know that it is happening today in the courts against the corporations and small companies in America.

This judicial tyranny has to stop or we will wither and die as a nation. Our nation and what it stands for will go the way of other nations and forms of government, history.

The ACLU supported Michael Schiavo's case. The ACLU also supports other organizations that are slowly eroding our rights as individuals every day in the courts. If we are to remain a viable nation we need to stop this organization and we need to review and reform our judicial branch of our government.

There is one organization that is working to stop the tyranny of the ACLU. The Stop the ACLU is going to have its inaugural summit on April 9th at the Hawthorn Suites Hotel in Champaign, IL. If you would like to attend please go to the Stop the ACLU web site and register. http://www.stoptheaclu.org/default.php We need to stop the erosion of our civil rights. We need to take a stand now before it is too late.

You may think that you are only one person and your opinion does not matter but together our voices will be heard loud and clear for all Americans rights and liberties. So please join us in our efforts to bring back America for the people.

© Cynthia A. Janak