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March 21, 2005

Judge James Whittemore

I haven’t written anything on the Terri Schiavo case because so many others have been doing it so well; I haven’t felt I can add anything to the discussion. I do, however, feel that not enough evidence has been shown to prove that having her feeding tube removed is what she would have wanted, and in the case of starving someone to death, we should definitely err on the side of caution.

Many judges have made rulings on this case, but the only judge who has ruled on that particular question is Judge Greer. I’m glad that another judge will have the opportunity to rule on that. Part of the appeal of the judicial system is someone has the right to appeal any ruling, and this one shouldn’t be any different. While judges do their best to apply only judicial rules to the questions set before them, there is no question that bias can come into it.

U.S. District Judge James Whittemore is the judge who will be hearing this case now. He is a 1999 Clinton appointee. I’m interested to know more about him, especially since it has seemed that Judge Greer has shown so much bias and unwillingness to reconsider his opinions in the past. This article from a Florida news station has more on Judge Whittemore.

Longtime colleagues describe Whittemore, 52, as thoughtful, fair and down-to-earth, not the least flamboyant.

"He is a highly, highly regarded judge," said Tampa lawyer John Fitzgibbons. "He is highly intelligent and has just an excellent judicious temperament. He will allow all sides to state their position, to have their say."

Whittemore, appointed to the federal bench by President Clinton in 1999, is not known to display any political leanings.

Fitzgibbons said those who have criticized previous rulings in the case will not have an easy time accusing Whittemore of bias.

"He will call it as he sees it. You could not ask for a better or fairer referee," the lawyer said. "Everyone will be treated very fairly. It's almost a shame that there are not cameras allowed in federal courts. It would be such an incredibly fair proceeding it would be good for
the country to see."

I'm very glad to know that he is considered to be fair. According to the article, these are some of his best-known decisions:

One of Whittemore's biggest cases was the trial of elders from Greater Ministries, a Tampa church whose leaders were accused of bilking nearly $450 million from the faithful in a sophisticated Ponzi scheme.

Whittemore also presided over the trial of Outlaws motorcycle gang leader James Lee "Frank" Wheeler and the prosecution of a group of corrupt Manatee County sheriff's deputies.

In the civil arena, Whittemore ruled against the unsuccessful 2001 bid by Cuban pitcher Rolando Viera to rewrite the rules of being a free agent.

In 2002, he sided with the Polk County School District's efforts to adopt a dress code that a group of parents had argued violated their rights to raise their children as they saw fit.

I'm following Wizbang for news and discussion. Tonight I will be looking around to see if I can find anymore interesting information on the Judge.

Updates in the "read more" section.

Here is Judge Whittemore's information sheet at the United States Courts website.

Here is an article in the St. Petersburg Times involves a case in which a whistleblower made an agreement with the federal government that she would not be prosecuted, then was “charged with making false statements, conspiracy and fraud.” Whittemore’s order said "Accordingly, I conclude that the government unilaterally breached that agreement."

Here is an article about the end of the Greater Ministries trial.

Betty Payne, 61, is in good health and appeared headed for judicial leniency until her words prompted the judge to add 16 months behind bars.

Whittemore had just reduced her sentencing guideline based upon his finding that her role was minor compared to the other defendants. Then she read a statement, verbatim to what her husband read minutes earlier, claiming their constitutional rights were violated and their actions, all guided by the Holy Spirit, broke no laws.

The Paynes and their fellow defendants argued that a church program enjoyed First Amendment protections. Many of the program's followers harbor antigovernment beliefs and blame its collapse on government conspiracies.

``We are innocent of all charges,'' both Paynes said. The only difference in their statements came at the end. ``Glory be to God,'' she said. Smith later said he had tried to dissuade the Paynes from making such statements. ``They both feel that God will intercede,'' he said. ``And I told them both not to count on it.''

Attorney Anne Borghetti tried to minimize the harm, telling the judge that Betty Payne was under the control of other people: ``That's not her statement that she just read. She was given that by other people.'' ``That was my statement,'' her client insisted. Whittemore appeared surprised by the resistance.

``It's one thing to have blind faith,'' he told Betty Payne. ``It's quite another to cast yourself as a martyr for no apparent good. I just deliberated a matter that you could serve 33 months less. What you've just done is throw that right back in my face.''
...
The Bible also contains passages pertaining to people who abuse God's words, Whittemore told Gerald Payne. ``You're going to have time to study those passages.''

This article regards a suit brought by four white police officers claiming they got harsher punishments than a black officer for the same defense. Judge Whittemore dismissed the case saying, "The plaintiffs have failed to introduce evidence that racial discrimination, as opposed to some other race-neutral factor, including personal animus, was the controlling factor in the discipline decisions."

This story is about the conviction of three officers accused of planting drugs on innocent people. They were given the maximum sentence by Whittemore.

A blurb on this page (about halfway down) is about Judge Whittemore granting a request by the prosecution to exceed normal sentencing guidelines for a 48 year old HIV-positive man who had sex with a 15 year old girl he met in a chat room.

Another blurb is about the prosecution of two men who cut down a clearly visible eagle’s nest. Judge Whittemore fined one $10,000 and the other $90,000.

Update 2:: Some people have been saying that the fact that Judge Whittemore has not yet ordered on the injection yet, and said during the hearing, "I think you'd be hard-pressed to convince me that you have a substantial likelihood of the parents' lawsuit succeeding" is evidence that the judge already has his mind made up, and that there's no hope of success.

However, I will point out that the actual pertinant text of the bill recently passed is, "After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life." The usual precedent of an ordering an injunction also requires that the judge think the case being brought is likely to succeed.

Therefore, Judge Whittemore's comment is not out of line and does not necessarily indicate that he is hopelessly biased. Only time will tell.

Update 3: Judge Whittemore's decision can be found here. As expected, the rejection of the temporary restraining order was based on the failure of the plaintiffs to show that it is reasonably likely that they might win. Unfortunately the appeal was based on the question of whether or not Terri's due process rights have been violated in previous trials, not whether or not Judge Greer's decisions were correct or not. The chances of the next appeal succeeding are not very great.

Posted by illuminaria at March 21, 2005 06:36 PM

Comments

RE: Terri Schiavo

I think his decision was inhumane and I think Judge James Whittemore should be thrown out.

Posted by: Christine Razmus at March 24, 2005 11:46 AM

What else would you expect from a Clinton appointed judge.

Posted by: Bob T at March 24, 2005 01:40 PM

If someone were to starve their child (or anyone else) they would be arrested for murder.Drs. that help a patient die get arrested,now the courts are telling a husband he can murder his wife.Has anyone questioned why Terris' husband refuses to give guardianship to her parents?if they told him he wouldn't receive the money from the lawsuit he would probably let them have her so he can marry his mistress & get on with his life.The Vets put our sick pets to sleep with an injection,Terris' parents are being forced to watch their child starve to death,The judges think they are God & can determine when someone dies,they are forcing parents to sit & watch their daughter starve to death & We talk about Sadam being horrible.

Posted by: Bonnie at March 24, 2005 02:14 PM

PLEASE JUDGE Whittemore,

Please SAVE TERRY's life. I am the mother of a profoundly disabled child too. My daughter can't communicate and looks like Terry in a smaller version. It has been a difficult road for us but, we can see that our daughter has PURPOSE in this life and she can bring joy even living in the body that she has.
Much of our human purpose in this life to to bring joy to others. Terry STILL BRINGS JOY TO HER FAMILY. That is a major reason for her to live.
I am praying so hard for GOD to change the heart of someone to keep Terry alive so her parents can love her. NOW I am praying he changes your HEART. PLEASE listen to your heart not to others. Save Terry.
Karen Diller
mother to profoundly disabed daughter, Karly in Chambersburg PA

Posted by: Karen Diller at March 24, 2005 03:12 PM

If Adolf Hitler had made the statements that the Federal and State of Florida judges have been making this past week, we would all be shaking our heads at how evil he was, and the world is better off without him.

Put the names of various US Federal and Florida State judges on one side of the scales of justice, and put the names of Adolf Hitler, Heinrich Himmler and Josef Goebels on the other side, and the scales may come into perfect balance.

Posted by: George at March 24, 2005 04:22 PM

Judges as a whole are more interested in their power than in honestly reviewing de novo the facts once another judge has ruled. They act like a fraternity and not the upholders of justice for the common good.

Posted by: Richard at March 24, 2005 04:36 PM

Please Judge, PLEASE let her live. What has she done wrong.

I feel like a criminal has more rights and avenues for help than she has been shown/given.

"Hope for a cure, ALWAYS give CARE" PJP II
"Whatsoever you do to the least of my people, that you do unto Me." --GOD

I feel like the doors are being slammed in her parents faces repeatedly. All they want is their daughter to be given the basic human right and need of food and water. They would administer her care, if her husband who doesn't want her would relinquish. Let him divorce her NOT have her KILLED.

All criminals are able to have their parents with them when they are going to executed. Why not Terri. Her parents and family should be able to come and go as they please. Just like any other family. Their rights are being trampled on.

I was with both of my parents when they passed away, were you? I would hate to think that someone would have ordered either of us away from their bedside.

I remember a prisoner going on a hunger strike, they intrevened and forced a feeding tube/IV's after he had collapsed for nourishment. Isn't it funny that a poor disabled person doesn't have anyone in the gov't to care as much as for the criminal?

Well I had better sign off now, I have to artifically sustain life and eat supper now.

Take Care and God Bless you and your family.

Theresa

Posted by: Theresa at March 24, 2005 06:47 PM

What if she could be helped and what if her husband did have something to do with her condition? Don't we have a right to know and most of all, Terri should have her day in court
So PLEASE PLEASE let her have a chance she needs WATER

Posted by: Lynn at March 25, 2005 04:06 AM

Please Please give Terri a chance to have he day in court

Posted by: Lynn at March 25, 2005 04:10 AM

The judges are acting like they are GOD! Deciding to starve a helpless person to death! JUST SICK! We need to get Terri free from her cell that Michael has put her in!!
I cant believe our country is assisting in the death of this young 41 year old disabled woman! What is going on with America? I though we were the land of the free! free! Why is her EX-husband Michael deciding to kill her off??? Gee could it be because he smothered her and beat her the night she went into this coma! Michael thought she was dead but the next morning he finds her alive!! Please someone help this poor soul !!

Posted by: JIll Conkright at March 25, 2005 01:11 PM

James Whittemore is a rotten person and anybody that favors James Whittemore is STUPID! Peope like that when they die they'll be going to HELL by the way does anyone know James Whittemore ADDY?

Posted by: Luis at March 25, 2005 02:47 PM

There is plenty of evidence in this case from the very start. If Judge Whittemore can base his decision on what Michael Schiavo says and yet completely ignore what the Schindler family says, how can that be a fair and just decision. How can you give more weight to what one person says over another. You can't!!!! If there was any question about the character of Michael Schiavo, and the family is willing to take care of Terri, then they should have guardianship. She doesn't have a living will so that settles it. She lives. I don't care how good Judge Whittemores buddies think is he. He is a big whimp!!!!!!!!!!!!!!!!

Posted by: Kim Roden at March 26, 2005 10:27 AM