Dean's World

Defending the liberal tradition in history, science, and philosophy.

Investigators Say Terri Schiavo Was Not Abused

Yet more info has come out in the Terri Schiavo case, which aroused emotions and political ire that has yet to abate — and the new information undermines claims that she was abused:

State investigators in Florida have found no clear evidence that Terri Schiavo was denied rehabilitation, neglected or otherwise abused, according to documents released yesterday by the state's Department of Children and Families.

The agency completed nine reports of abuse accusations made from 2001 to 2004, including neglect of hygiene, denial of dental care, poisoning and physical harm. The accusations, which have been widely reported, focus on Michael Schiavo, the husband of Terri. Ms. Schiavo died on March 31, nearly two weeks after her feeding tube was removed.

A footnote...but it erases one line that was repeated by some.

UPDATE: There is one striking trend about our politics as we move into the 21st Century. Each side uses every rhetorical tool they can when they fight a battle — throwing out assumptions or allegations. But if these are proven factually false you will never hear a word about the facts that defuse the allegation later. In fact, most of the time they'll keep repeating it, even if they know has been proven false — because it seemingly helps score points in a heated moment.

On Monday note whether you hear any reference to this report on any of the radio and cable talk shows that raised it. You probably won't hear a thing. If you don't hear a follow up fact about an allegation that was earlier trumpeted, it usually means that source was not interested in truth but in scoring points for "their" side — and there is a difference. Here's an item from John Cole that documents how a popular talk show host who viewers thought was asking questions LITERALLY was trying to get a guest to score talking points. Truly a new low...even for a talk show.

Is all of this just posturing on our part? Not at all. At several times in my newspaper career (not too many) an editor would give me a phone number and say: "Call him and try to get them to say...." And I would look the editor in the eye and said: "I'll call and I'll ask questions but I don't try to get anyone to say anything."

UPDATE II: Since I've now been informed that the report doesn't say what it says it says and it has been implied that I need to hire a lawyer (I take it from the comments that means a Republican lawyer, preferably one who is connected to a certain side of the Schiavo case) to parse the words and understand what it REALLY means, I looked around to see if there were any other dumb reporters and readers who also read this all wrong. I'll spare you the blogs and websites, but here are some quotes from the Orlando Sentinel story on this investigation:
In the four years after Michael Schiavo won the right to remove his wife's feeding tube, the state's social-welfare agency methodically investigated 89 complaints of abuse, but never found that he or anybody else harmed Terri Schiavo, records released late Friday show.

Instead, the state Department of Children & Families repeatedly concluded that Michael Schiavo ensured his wife's physical and medical needs were met, provided proper therapy for her and had no control over her money.

That's a lie. They can't prove it.
The agency also found no evidence that he beat or strangled her, as his detractors have repeatedly charged.
That's a lie. It doesn't say here that it found "no evidence on the face of this earth or in the universe or in heaven or in hell." So there still could have been abuse.
The conclusions reached in the 45 pages of confidential abuse reports made public Friday raised what Michael Schiavo's attorney said is a key question: Why, during her last weeks of life, did DCF twice try to intervene in the seven-year dispute pitting Terri Schiavo's husband against her parents?

"The answer is obvious," attorney Hamden Baskin III said. "From the get-go, this was nothing but a political intervention. There was, and continues to be, no reason for them to have been involved."

DCF spokeswoman Zoraya Suarez would not address the charges of political interference directly, saying only, "The reports speaks for itself. . . . We have a duty to protect the vulnerable and investigate allegations of abuse."

Her parents, Bob and Mary Schindler, could not be reached for comment Friday night. They were attending a memorial service for their daughter in Pennsylvania.

Ahh, what does this paper know? The first report Gandelman cited was by the New York Times which had employed Jayson Blair. The second was by the Sentinel, which is owned by the Chicago Tribune Company which probably believes the Cubs will win the World Series this year and likes that super-fattening Chicago style pizza. There WAS abuse: I know it and no doctored up reports or liberal newspapers reporting on the reports can disprove otherwise.

UPDATE III: Another misguided, ignorant, untrustworthy report comes from the AP:

TAMPA, Fla. - The Department of Children and Families said it found no evidence that Terri Schiavo had been abused or exploited by either side of her family after the legal battle surrounding her right-to-die case intensified, according to documents released under a court order Friday.

The agency investigated 89 complaints logged on its hotline dating back to 2001, when Schiavo’s feeding tube was removed for the first time. The calls alleged that the brain-damaged woman was being mistreated by both her husband and her parents for financial gain.

One complaint alleged her parents were selling videos of her through a Web site, while another caller complained that her husband wasn’t spending money intended for her rehabilitation.

However, investigators said they found no evidence that either her husband or parents were exploiting her, and often noted in their records that they found Schiavo well cared for on their visits to her Pinellas Park hospice.

UPDATE IV: Hey: waddayaknow! I just got emails from two readers of this site and a friend who's a conservative blogger saying I was personally lambasted by name on another blog for this post and my answers to someone in comments. I thought I had been on that other blog's blogroll but can't find The Moderate Voice anymore. I have great relations with bloggers on the far left and far right (and middle left and middle right) because we debate ideas, but I never ever critically mention other bloggers by name in my posts. Oh well, I was going to prune my blogroll and I know where to start as SOON as this update is posted. PS: Some bloggers like to get into personal pissing matches; I don't - and won't. So, very honestly, have a good life.

Posted by Joe Gandelman | Permalink | Technorati Trackbacks
Greg Piper (mail) (www):
Those allegations were never "widely reported" except on a few radio and cable talk shows. The NYT never touched it and I read every Times story on Schiavo. The Washington Post only got to Michael Schiavo's history shortly before Terri died, and didn't mention any of the abuse allegations. It should be flagged that the investigated allegations only covered 2001-2004, not the previous several years when other allegations were made. Maybe they would turn out false too, but this doesn't definitely settle whether Terri was ever abused while incapacitated.
4.16.2005 2:00pm
Xrlq (mail) (www):
Joe, did you even read the text you copied and pasted here? It doesn't say what your heading claims it said, nor does it "erase" any doubts about anything. Surely you know the difference between determining conclusively that something didn't happen, and failing to find "clear evidence" that it did.
4.16.2005 2:09pm
Joe Gandelman (mail):
Oh. Sorry. I'll go out and hire a lawyer to parse the words. I think 90 percent of the readers that read it and most websites and blogs are playing it as I did. I DID err on one thing: even if presented with facts people on the right AND left will insist that they don't exist because its hard to get out of adjusting an ideological mantra once you become conditioned to it.
4.16.2005 3:20pm
O. F. Jay (www):
I haven't enjoyed a parody in cognitive dissonance in a long time until I came across this post, Joe.
4.16.2005 5:27pm
Xrlq (mail) (www):
Since I've now been informed that the report doesn't say what it says it says


Nice try. No one said the report does or doesn't say anything. What I did say is that apart from a misleading headline, the NY Times article does not say what you said it said.

and it has been implied that I need to hire a lawyer


Nice strategic use of the passive voice. I guess it sounds a lot more damning to say generically that "it has been implied" that it would to admit that only the person who implied it was YOU.

Whether the more detailed account of the Orlando Sentinel is or is not an accurate account of what the report found is a wholly separate issue. I'm reserving judgment on that until I've had a chance to read the report myself. Assuming the account is accurate, it still does not justify your original entry, which was based entirely on your (willful?) misreading of the NY Times account. "Fake but accurate" may work for CBS but it doesn't work in the blogosphere.
4.16.2005 5:31pm
antimedia (mail) (www):
Considering the stellar record that many state welfare agencies have (particularly those dealing with family and children abuse issues), I would suggest reading their conclusions with a grain of salt. I'm not that familiar with Florida's record, but the record is replete with cases where welfare workers found no abuse right up to the day that a child or adult died at the hands of their "non-abuser".

Don't trust - verify. And for the record, the closest I came to the issue of abuse in the Schiavo case was "if this is true".
4.16.2005 5:54pm
Richard Bennett (www):
Nice post, Joe - I especially enjoyed your whacking of Xrlx.
4.16.2005 6:41pm
Ron in Portland (www):
Good post Joe. The comments just go to show that facts are only facts when they back up ones preconcieved notions.
4.16.2005 8:18pm
antimedia (mail) (www):
PS: Some bloggers like to get into personal pissing matches; I don't - and won't. So, very honestly, have a good life.
And yet you felt compelled to tell the world that you would remove the offending blogger from your blogroll.
Oh well, I was going to prune my blogroll and I know where to start as SOON as this update is posted.
Pot? Kettle? Black?
4.17.2005 3:07am
John Anderson (mail):
DCF? Florida DCF?
Maybe they're right. But considering the source, I'm afraid I can't consider it proof of anything - even that they actually looked at the records.
Am I biased? Yes: not so much against Mr. Schiavo as against the DCF.
4.17.2005 3:55am
Rhianna (aka rmschoon) (mail) (www):
So John, do you admit her PARENTS could have abused her as well? Every article I've come across say they were BOTH investigated, but no one has been screaming 'the want to kill the bitch' and 'when will this bitch die so I can get the cash'. Only one 'side' has been doing that, care to take a guess as to which?!?

I wouldn't trust the DCF either, other than the sheer number of alligations investigated BECAUSE of a political agenda in this case. They wanted to ensure every I was triple dotted and every T triple crossed.

We're not talking the case of a little black girl that appears to have been killed by her grandmother for not wanting to wear an angel costume on Halloween. We're talking US Federal politics and the state don't stop when the job is proved. They continue until they find the dirt needed to get their man...


Joe, it's a very good post. No one in their right mind would be unable to see that as much as Florida wanted to say she was harmed by her husband that their own PROOF says those are all lies.

Oh, and it's your blog dear. Deroll anyone you want, no matter what a commenter on Dean's World may say. Unless that is she's going to pay your hosting costs and name filing fees...
4.17.2005 8:35am
Patterico (mail) (www):
Joe,

I think it was overstating things a bit to say that anything was "erased" or "proven factually false" by what you cited.

And you can lump me among those who take reports from the mainstream media about the Schiavo case with a grain of salt. I've documented numerous examples of the media's not giving both sides in this case, and I'd prefer to see the actual report myself before I believe that anything has been "proven factually false."
4.17.2005 1:11pm
John Irving (mail):
Just as a side note, their investigation was cut short and forced to provide their conclusions now by Judge Greer. Regardless of who you supported in this case, that should appear as a huge conflict of interest.
4.17.2005 5:03pm
Xrlq (mail) (www):
I have great relations with bloggers on the far left and far right (and middle left and middle right) because we debate ideas, but I never ever critically mention other bloggers by name in my posts.


So? There is nothing wrong with identifying people by name. If I hadn't mentioned you by name, half (or more) of my readers would have just glanced at the link and assumed Dean was the culprit. Would that have been better? For you, perhaps.

For one who supposedly likes to debate ideas, you've got a long way to go, at least on this issue. Between the strawmen and the dripping sarcasm of the current entry, the God-I'm-so-clever gotchaism of this one and the convenient revisionism of this, you've betrayed no interest at all in debating ideas, only in mindlessly bashing anyone who doesn't share yours.
4.17.2005 7:41pm
Richard Bennett (www):
Joe is a stand-up blogger who uses his real name. "Patterico" and "Xrlq" are anonymous cowards who hide their real names.

Don't come on here complaining Joe mentioning or not mentioning people's names, "Xrlq."
4.18.2005 2:58pm
Casey Tompkins (mail) (www):
Jesus, Bennett, that's a low blow, and a cheap one! Are you going to blast Wonkette, next? Or Citizen Smash? Or Blackfive? Christ on a crutch... If you're going to criticize someone, at least develop substantial criticisms!

As for the snark: I think maybe Joe got a bit too sarcastic with his first response to Xrlq. A a better response would have thrown the ball back into X's court by asking him to specify what parts of the text invalidated Joe's statements.

antimedia put up the first rational comment. I, too, tend to take agency reports with a large grain of salt. But, if you're going to make that part of a position or an argument, then you should also allow that such skeptiscm neither invalidates the report, nor indicates that the report should be dismissed.

Alas, {g} just after that anti lowered his score with a "pot &kettle" crack. Please note that Joe mentions no one by name in the main post.

On the other hand, one has to wonder what de-linkings have to do with the Schiavo case, the evidence provided, or arguments about said evidence.
4.18.2005 4:16pm
Richard Bennett (www):
Wankette is Ana Marie Cox, everybody knows that, and we know who Citizen Smash is as well. I don't know any Blackfive.

This is why I don't approve of cowardly anono-blogging: these people "Patterico" and "Xrlq" have libelled the hell out of Michael Schiavo, and when the evidence builds up against them, they refuse to back down.

There's no reason to hide your identity if you're not doing something dodgy; these cowards are a blight on the blogosphere.
4.18.2005 4:28pm
Patterico (mail) (www):
My name is all over my site. I am not anonymous. I am not going to make it easy for this jerk, but he can find my name if he wants. It's not a secret, any more than Citizen's Smash's identity is a secret.

Find me a specific example where I have libeled Michael Schiavo, Richard Bennett, and explain how it is libel under the law -- or shut the hell up and stop making false accusations.

Fact is, people know a lot more about me than they do about Richard Bennett, who (on my blog) wouldn't answer my question about what he does for a living after he made a snarky comment about what I do.
4.19.2005 2:21am
Casey Tompkins (mail) (www):
Well, gee, Rich; who is the "we" who know Smash's actual identity? Ok, yes, his actual name has been noised around Dean's World before, but how many folks actually know this? Really?

As for "I don't know any Blackfive," you should get your head out of your buttocks, and find out. He's only one of the more influential milbloggers, and has been cited in more than one mainstream media publication.

...As I look at my list of potential other examples, I see that most of them are milbloggers, at least some of whom can be knowable, if not known. Smash is one, and Baldilocks is another. On the other hand, we have the (former) blogger SGT. Hook, who quit blogging for entirely comprehensible ethical reasons.

One non-military example is occasional Dean's World contributor Dowingba, AKA Chris. I still don't know his last name, though. :)

"This is why I don't approve of cowardly anono-blogging" That is to say, this is why I don't like these people, because they disagree with me...

Why do I get the feeling that -no matter how many honorable anonymous bloggers I cite- you'll still manage to condemn them?

I believe the accurate term here is "bigot."

Now. If you can make the case that anonymous bloggers, as a class, are untrustworthy, then you might have something to say. Otherwise you are just another sad case of poor-reasoning ad hominem attack masquerading as an argument.

Thanks, and good night! :)

P.S. A word of advice, Ritche; attack the argument, and not the man.
4.19.2005 4:53am
Richard Bennett (www):
Pat, the issue isn't whether someone could pierce your veil of secrecy if they tried real hard to do it - a subpoena to your ISP would accomplish that - it's why you hide behind your made-up identity at all. Like many other self-absorbed tubers and vegetable rights advocates, you've claimed that Michael Schiavo abused his wife and actually put her in her coma in the first place by beating her. This generally goes along with claims about alleged bone scans. I haven't indexed your site, but I'm sure anybody who cares can go through your postings and find this and many other slurs against Michael Schiavo, including nasty remarks about his alleged adultery.

If you're not embarrassed, your name should be on the first page of your blog. My resume is on-line at bennett.com and the facts of my employment are there for all to see. I'm not going to share my compensation with you - as you demanded - because it's none of your business (and would only make you jealous.) As I've told you before, I'm well known to people in the very office where you claim to work because I've served on commissions and lobbied with and against them in the capitol at Sacramento. Don't be so tedious and dim, especially if you want people to believe you're an attorney.

Tompkins astutely points out that I'm biased against cowardly anono-bloggers. I think that bias was my point.
4.19.2005 5:22am
Patterico (mail) (www):
Like many other self-absorbed tubers and vegetable rights advocates, you've claimed that Michael Schiavo abused his wife and actually put her in her coma in the first place by beating her.

Bennett, that's a lie. I never claimed that. If you think otherwise, prove it with a link. You can't, because I didn't.

I haven't indexed your site, but I'm sure anybody who cares can go through your postings and find this and many other slurs against Michael Schiavo, including nasty remarks about his alleged adultery.

"Anybody who cares" isn't the one who claimed that I libeled Michael Schiavo. You are, and you can't back it up with a link and a legal argument, because it's not true. I haven't claimed that Schiavo beat his wife, put her in the condition she was in, etc.

I did say he had an extramarital affair, which the world knows is true.

No libel, Bennett.

This is actually good, for people to see how full of it you are.

I've explained my reasons for making it just a wee bit difficult for the casual reader to find out my name by just looking at my front page. But it wouldn't take a subpoena to learn it. Anyone who reads the Sunday Opinion section of the L.A. Times could have seen the piece I published there -- complete with my real name and the address of my site. And my name is all over my site.

Now back up your claims, or admit that you made a false accusation. My guess: you'll do neither, which in effect is doing the latter.

I'm largely off the Internet for the next five days, so my silence is not acquiescence in your future B.S. All readers can assume that anything you say about me in the future is as false and baseless as what you have said in the past.
4.20.2005 1:11am
Richard Bennett (www):
Patrick, you libeled Schiavo in your comment above, but you did it artfully. The DCF report exonerates him of the abuse allegations you've peddled on your blog, but you say it's not credible.

Links to your posts slandering Schiavo are hard to come by since your search function doesn't really work. But unfortunately for you, Google has one that works just fine. Try this post for starters, and then take a look at any of these. Your general line is to relentlessly repeat the allegations that Michael Schiavo abused Teri, and then disparage all the evidence that undercuts these claims. It's obvious what your game is, little fella.

You may have shielded yourself from technical libel by using other people's words, but this isn't a court of law so the operative standard is intent.
4.20.2005 6:05am
Patterico (mail) (www):
Bennett,

I'm on the Internet this morning, so I am able to respond to your cheap potshots. After this morning, it will be harder to get Internet access.

You say:

Patrick, you libeled Schiavo in your comment above, but you did it artfully. The DCF report exonerates him of the abuse allegations you've peddled on your blog, but you say it's not credible.

See? You found my name! Not too hard, was it?

I didn't say the DCF report wasn't credible. I said I'd like to see it myself, because I don't trust the media to report it properly.

You said in this very thread:

[Y]ou've claimed that Michael Schiavo abused his wife and actually put her in her coma in the first place by beating her.


I called you on it, because I haven't claimed that, and challenged you to provide a link. In the only link you provide to a specific post of mine, here's what I say about the abuse allegations:

(I’ll pass on defending the assertion that Michael Schiavo caused her heart attack. Nat Hentoff wrote a column about it, if you’re interested in the evidence supporting the accusation. But I have never made that argument.)


And that's true. I never have.

Your "proof" is the exact opposite of what you claim.

You have had to retract your claim that I "libelled the hell out of Michael Schiavo" and that I don't make my identity known on my site. Now retract your false claim that I "claimed that Michael Schiavo abused his wife and actually put her in her coma in the first place by beating her." You have provided no proof of this patently false assertion.

I'll be honest: I'm unlikely to sue you if you don't clearly retract it -- but if you don't, it will be plain for all to see that you make reckless accusations and won't correct them even when the proof is shoved right in your face.

You really need to be more careful about your accusations. I'm not the litigious type, but if you continue this behavior, sooner or later you're going to run into someone who is.
4.20.2005 12:40pm
Xrlq (mail) (www):
Richard Bennett (if that's his real name) write:

As I've told you before, I'm well known to people in the very office where you claim to work because I've served on commissions and lobbied with and against them in the capitol at Sacramento. Don't be so tedious and dim, especially if you want people to believe you're an attorney.


Nobody who's head isn't up his butt doubts that he is an attorney. In fact, I don't even believe you are sincere in doubting that. If you ever had any credibility in that department, you gave it up when you accused him of being "the only lawyer in the country" (including the ones hired by the Schindlers?!) to disagree with your take on this matter. Then you recycled your lame schick by pretending to doubt that I was an attorney, either, and went as far as to smear a perfectly good law school (or perhaps an entire university, law school and all - you weren't really clear on that point) just to get at me. And to top it all off, the school you randomly smeared wasn't one I had attended anyway.

Then there's this gem, where you smeared the non-anonymous Dean Esmay as supposedly being a fake federalist for supporting a law you oppose and a fake atheist for not hating Christians enough to suit your taste. Presumably, if Moderate Joe had written anything on this topic that actually was moderate, you wouldn't have praised him over it, you'd be arguing that he must not be a "real" moderate.

Well, two can play that game. If real names are so important, how are we to know what your real name is? For all we know, maybe your real name is Dick Cabeza, you dropped out of high school at 15, you work as a trash collector, and every word of this resume is pure, unadulterated bullshit. The main reason I'm inclined to believe it myself is because (1) it's five friggin' pages long, (2) you admit to being a grad school drop out and holding only a bachelors degree rather than awarding yourself a Ph.D. or at least an M.S. in something cool, and (3) if I were going to create a fake persona, I'd probably come up with a more colorful name than "Richard Bennett" (unless, of course, the purpose of my persona was to go after a real person with a similar name, e.g., William Bennett). Assuming your resume is legit - and being an order of magnitude less of a jerk than you are, I will assume that - I have to say I'm amazed that anyone with your technical background can be so technically non-savvy as to be unable to figure out how to determine whether or not Patterico and I are actually lawyers. It's not that hard to do, but if you don't know how, I'm not going to tell you.
4.20.2005 2:28pm
Richard Bennett (www):
Patrick, we have a saying in the blogosphere: "you are what you link." You've repeatedly linked to sources who claim Michael Schiavo abused Terri and put her in her coma, most frequently Nat Hentoff. You'd like to think that you're a large enough target that Schiavo would sue you for libel (even though you aren't) so you pretend that you can't express these sentiments directly so you have to couch your allegations in other people's words. So technically, you think, you're not actually libeling him yourself, just enabling other people to libel him more effectively. That's a fine and petty distinction.

I retract nothing. You're a cowardly anono-blogger who hides his identity inartfully, and an equally inartful smear artist. In fact, the degree of caution with which you protect your identity is roughly equal to that with which you couch your slanders in deniable terms. And threatening to sue me for exposing your game is the height of absurdity. Any respect that any reader may have had for you went down the drain when they read your words in the preceding comment. You have a self-inflicted loss of credibility.

Saying "I've never accused Schiavo of abuse" and then linking sources who have repeatedly done so doesn't cut the mustard with me.

To your sidekick Xrlq: your comment on my resume is one of the funniest things I've ever read. The issue isn't whether I want to find out who you are, it's that you're not forthcoming about your identity yourself. Anonymous writers tend to make irresponsible remarks, and that sort of thing is bad for the blogosphere. To be more blunt about it, you're bad for the blogosphere.
4.20.2005 2:55pm
Patterico (mail) (www):
What's bad for the blogosphere is someone like you, who repeatedly mischaracterizes what other people say. I warn anyone reading this not to accept *anything* that Bennett says as true, because he gets it exactly backwards almost every time he leaves a comment -- the latest example being his distortion of my statement that I *wouldn't* sue him (but others libeled by him may) into a threat that I *would*.

He simply doesn't know how to argue without misrepresenting the other side.

Beware anything this man says.
4.20.2005 3:08pm
Patterico (mail) (www):
And with that, I take my leave of this dishonest man. Correcting misstatements by Richard Bennett could easily be a full-time job, and it's just not a good use of my time.
4.20.2005 3:11pm
Richard Bennett (www):
Thus Patterico slinks off with his tail between his legs.
4.20.2005 4:36pm
Xrlq (mail) (www):
Anonymous bloggers are neither good nor bad for the blogosphere. Trolls, particularly dishonest ones, are. You are one of the last people who should be lecturing anybody about making irresponsible statements, whether you use your real name or not.
4.20.2005 7:07pm
Richard Bennett (www):
Now that you can't hide behind Pat's petticoats you're not so blustery, are you Jeff?
4.20.2005 7:29pm
Xrlq (mail) (www):
Who's hiding behind anything? Obviously not me, seeing as you were able to see past my anonymity and figure out my real name.
4.20.2005 10:01pm
Richard Bennett (www):
I'm amazed that anyone with your technical background can be so technically non-savvy as to be unable to figure out how to determine whether or not Patterico and I are actually lawyers.

Never attribute to ignorance that which can just as easily be explained by indifference.
4.20.2005 10:06pm
Patterico (mail) (www):
Or, in your case, reckless indifference.
4.21.2005 12:02am
Xrlq (mail) (www):
Wilful ignorance, perhaps. If this were plain old, vanilla indifference, he never would have raised the "yer not reel loiyers" argument at all.
4.21.2005 12:38pm
Richard Bennett (www):
Paprika sounds like he could be a lawyer, Jeff, but you don't.
4.21.2005 2:54pm
Xrlq (mail) (www):
In other words, Patrick's speech patterns conform to whatever stereotypes you hold about lawyers, and mine don't. And I'm supposed to care ... why, exactly?
4.22.2005 1:40am
Richard Bennett (www):
No, it's the pattern of reasoning. Did you go to a non-accredited law school?
4.22.2005 2:55pm
Paul Deignan (mail) (www):
Richard,

You seem to be an attack dog here. Can you do me a favor?

Please visit my site at http:\\www.info-theory.blogspot.com and see if I have been fair and correct on this issue.

For each good ding you can get on me, I'll PayPal you a buck (in honor of Knuth) and make amends.

(just comment on the post--I'll get an email when you do to bring it to my notice).

--Paul
4.22.2005 7:24pm
Patterico (mail) (www):
Can I have a buck for every false statement and cheap shot from Bennett? I've been thinking about an early retirement; that could make it possible.
4.22.2005 8:38pm
Xrlq (mail) (www):
No, it's the pattern of reasoning.


You have yet to identify a single flaw in my reasoning, ever. Hint: that you dislike my conclusions does not mean I committed a logical error.

Did you go to a non-accredited law school?


Not exactly.
4.22.2005 10:16pm
Richard Bennett (www):
You have yet to identify a single flaw in my reasoning, ever.

Your legal reasoning isn't even wrong.
4.23.2005 6:15am
Richard Bennett (www):
Speaking of wrong statements, let the record show that Florida trial courts, appeals court, and Supreme Court as well as federal district court, appeals court and supreme courts see the infamous Schiavo case in one way, but Paprika sees it differently. He says they're all egregiously wrong and he's right.

Who's more credible, all these courts or one angry little anono-blogger (two if you count Xlrx)?
4.23.2005 6:42am
Xrlq (mail) (www):
OK, Mr. Cabeza, I will grant you one thing: you are consistent. Consistenly wrong, consisently ignorant and constitently stooopid, perhaps, but consistent nevertheless. Suppose no one person were as dumb as you. Picture Jackass #1 having a problem with anonymous bloggers because ... well, just because. Jackass #2 questions everyone else's bona fides as whatever they say are, again because ... well, just because. Not to be outdone, Jackass #3 takes Jackass #2's idea to the nth degree, arguing that a guy scored 96th percentile on the LSAT, graduated well north of the median in a top 10 law school, and easily passed two states' bar exams on the first try doesn't count as a "real" lawyer. Jackass #4 is just as ignorant about the legal profession as Jackass #3 is, but in his own special way: he thinks appellate courts review factual determinations to decide whether they agree with them or not. He also assumes Judge Whittemore did the same, and takes cheap shots at anyone who took the time to read Whittemore's opinion instead.

If four separate jackasses had made each of the above statements, I'd be wondering how so many people can really be that dumb. But when one single, solitary über-jackass makes all four statements, it all makes sense.
4.23.2005 1:35pm
Richard Bennett (www):
Even Paprika knows that appellate courts review trial court findings for abuse of discretion and egregious errors of fact. In this case, they did more than that, applying a de novo standard just to see if it changed anything. It didn't.

But I am pretty dim for not realizing that an in-house lawyer at an Orange County insurance company fresh out of a liberal/feminist law school is a better judge than Antonin Scalia. Sadly, I'll make this mistake again.

I never learn, you see.
4.24.2005 7:29am
Patterico (mail) (www):
If Bennett is saying that anything Scalia says on a legal subject is worth more deference than anything any of us say, I'll go along with that.

Scalia said nothing about this, of course. But if he had, I certainly would have read his opinion carefully -- and if past history is any indication, I bet I'd find it convincing.
4.24.2005 5:08pm
Richard Bennett (www):
Scalia said four words about this case: no, no, no, and no. They say his writing is a model of clarity.
4.25.2005 12:58am
Patterico (mail) (www):
Scalia said zero words about this case. This illustrates the danger of someone with no legal training opining about legal matters.
4.25.2005 1:56am
Richard Bennett (www):
Ah, the argument from authority. It doesn't really work when all the courts in the land have ruled against you, Paprika. Scalia voted not to hear the case on four separate occasions.

Once again, you lose.
4.25.2005 6:55am
Patterico (mail) (www):
Do you know how denial of cert. works, Bennett?

Okay, forget for a moment that the Supreme Court has repeatedly said that denial of cert. is not an expression of a view on the merits. Never mind that.

Let's try this: let's see your link for the proposition that Scalia himself voted not to hear the case. If all you can show is that the Court as a whole refused to hear the case, then you have shown only that the Court did not amass four votes to grant cert. Since it is rare that a Justice who votes to hear a case dissents from the denial of certiorari, we have no way of knowing which way Scalia would have voted.

Unless you have that link.

Or is this yet another another another case of you making assertions that you can't back up?
4.25.2005 10:51am
Richard Bennett (www):
So if I present you with a link to a story reporting a 9-0 Supreme Court vote on denial of cert in any of the Schiavo matters you'll shut the fuck up?

I just want to be clear what you're claiming, John.

BTW, Clarence Thomas once wrote an admirable dissent when the court denied certiori in a case that he wanted to hear, invoving abuse of power by government officials (like you, actually.)

According to you, that's impossible, I know.
4.25.2005 4:16pm
Xrlq (mail) (www):
Apparently I forgot to mention Jackass #5, who simultaneously invades people's privacy and proves Jackasses #2 and #3 to be liars, Jackass #6, who considers himself qualified to comment on a series of Supreme Court rulings despite not knowing what a denial of certiorari is, and Jackass #7, who intentionally misinterprets the phrase "it is rare" to mean "that's impossible."

Am I still leaving anyone out?
4.25.2005 7:43pm
Xrlq (mail) (www):
Come to think of it, yes, I did. I almost forgot about Jackass #8, who thinks 4=1.
4.25.2005 7:45pm
Richard Bennett (www):
...invades people's privacy...

Hilarious unintentional irony, Jeff.
4.25.2005 7:59pm
Xrlq (mail) (www):
I'll take that as nolo contendere on Count 5, and a straight guilty plea on Counts 1-4 and 6-8. Any objections, Mr. Ass? Or may we call you Jack?
4.25.2005 8:24pm
Richard Bennett (www):
You had so much fun pretending to be a lawyer that you're stepped it up a notch to pretending to be a judge.

At this rate you'll soon be playing God with other people's lives. Oops, that's how this all got started.

Nevermind.
4.25.2005 8:39pm
Xrlq (mail) (www):
So you agree, then?
4.25.2005 8:56pm
Richard Bennett (www):
I agree that you're a fool, yes indeed.
4.25.2005 9:25pm
Patterico (mail) (www):
So if I present you with a link to a story reporting a 9-0 Supreme Court vote on denial of cert in any of the Schiavo matters you'll shut the fuck up?

Nope. Even if you could produce one story by a clueless news organization as ignorant about cert.as you are, that wouldn't mean anything. Even a link to the actual 9-0 denial of cert. (which I doubt you can provide) wouldn't prove your point. Because, you see, you have pledged to show that Justice Antonin Scalia sees this case differently from me. Why did you make such a foolish promise? Because you have no idea what denial of cert. means, because you're out of your depth.

Richard Bennett, once again making promises that his links can't cash. Once again.
4.26.2005 3:01am
Richard Bennett (www):
You've just admitted that you won't accept any evidence refuting your claim that Scalia is on your side. And yet you still believe you can hold on to your mythology that you're right and all the courts are wrong. Such self-delusion is mind-boggling.

The Supreme Court has a web site with all sorts of stuff on it, including the Thomas dissent I mentioned in a denial of cert. They show the vote count.

Your bluster fools no one.
4.26.2005 4:59am
Xrlq (mail) (www):
His bluster? His bluster? You're the one who boldly promised to prove Justice Scalia opposed the Schindlers' position on the merits, and have yet to offer a shred of evidence that Justice Scalia even voted to deny certiorari, let alone that he expressed any opinion at all on the underlying issues.

A cursory check of for the word "schiavo" on the Supreme Court web site yielded three (not four) hits from this year. Those were March 17, 2005 order, March 18, 2005 order, and a March 30, 2005 order, each denying cert without commenting on the merits. Not one of those orderes includes the name "Scalia," a vote count, or any other hints as to which of the Justices wanted to hear the case, if any, let alone what any of them think about the underlying issues, which they didn't rule on at all. The only connect Antonin Scalia has to any of this is the mere fact that he's a Supreme Court Justice, from which we can therefore infer in any given case that he either (1) voted to deny cert, (2) voted to grant cert or (3) didn't participate in the vote at all. To anyone who has made it through at least one year of an accredited law school without flunking out, that the non-news of the century. To you, however, it's a smoking gun. Thanks for reminding us all why it's unlawful to practice law without a license.

Further, your repeated references to one rare dissenting opinion written by a different Justice in an unrelated case make me wonder if you ought to need a license to practice logic, too. Do you really think that every time the Supreme Court grants or denies cert and no one writes a dissenting opinion, that this means the decision to take or reject the case was unanimous (let alone, as you seem to think, a unanimous endorsement of the lower court's ruling)?
4.26.2005 3:47pm
Richard Bennett (www):
Junior, you're butting into a discussion between John Patrick and myself. As he has already admitted he doesn't care about vote counts, the issues you raise are beside the point, except for the one about the Thomas dissent on a denial of cert: contrary to your prepresentations, a justice may and sometimes will write an opinion in cert situation.

Now run along and play, John Patrick can sink himself without your fawning.
4.26.2005 6:14pm
Xrlq (mail) (www):
Mr. Cabeza, I can understand your naive, layman's assumption that one head can only be up one ass in one direction at any given time, but will all due respect, you've gone out and proved this is not true. Specifically, you promised to provide a link that both (1) does not exist and (2) wouldn't prove a f'n thing about Justice Scalia's alleged views on this matter even if it did. There is no inconsistency in calling you out on both counts. If knowledge is currency, you've promised us $1 million in Monopoly money, and you haven't even been able to deliver that.

If you are serious about "sinking" anything other than what tiny shreds of semi-credibility you may have left with anybody, here's what you need to do: find a public statement, made or signed by Antonin Scalia, which expresses an opinion as to whether or not the lower courts handled the Schiavo matter correctly. Otherwise, the only thing left for you to do is to admit you have absolutely no idea what you are talking about, as any minimally competent attorney of any political persuasion could have told you a long time ago.

Playing lawyer isn't as easy as it looks, is it?
4.26.2005 8:38pm
Richard Bennett (www):
Specifically, you promised to provide a link...

Where did I do that?
4.26.2005 8:58pm
Xrlq (mail) (www):
You proposed it here, and implied again here that the information was at the Supreme Court's web site for the taking. What are you going to deny next? That you ever brought up Antonin Scalia by name?

If you must lie, at least try to keep your lies believable.
4.26.2005 9:26pm
Richard Bennett (www):
Let me explain an English word to you, X-lax. The word is "Question" which is "Pregunta" in the language of your homeland.

This linguistic constuct: "So if I present you with a link to a story reporting a 9-0 Supreme Court vote on denial of cert in any of the Schiavo matters you'll shut the fuck up?" is what we call a "Question", not what you called a "Promise."

The clue is that curly mark where the words stop. I know, this is confusing to you because there is another curly mark upside down at the beginning of the words in your language, but if you're going to stay in our country it's best if you can learn these things. A "Question" seeks information, while a "Promise" makes a claim. For example, if John Patrick says to your mother: "Are you a whore?" that would be a question. If she says to him "love you long time big boy" that's a promise.

Understand?

So you've learned two words today, "Question" and "Promise". Now see if you can use each one in a sentence.
4.26.2005 9:52pm
zombyboy (mail) (www):
So, hey, how about that link? I'm kind of curious to see what Scalia thought about the Schiavo case.

Or is there no such link? Have you just been teasing us with irrelevancies?
4.26.2005 11:51pm
Xrlq (mail) (www):
I guess I missed the question mark when you stated, rather than merely asking, that Justice Scalia had said something about this topic.
4.27.2005 2:07am
Patterico (mail) (www):
I think Bennett is excited because he can probably come up with a news story that says the vote was 9-0. Which proves nothing other than that journalists can be as clueless about the law as Bennett is. If I had a dollar for every time journalists screwed up a legal analysis, I wouldn't be commenting on some blog, I'd be cackling merrily on the French Riviera.

If it's so easy to find that Supreme Court link and prove his point, I wonder why Senor Cabeza hasn't done so. That's rhetorical "wondering" of course.
4.27.2005 3:47am
Patterico (mail) (www):
Note, too, how proud he is that he knows my first *and* middle names. Like I'm supposed to be scared by that.

This guy is bi-zarre.
4.27.2005 3:48am
Patterico (mail) (www):
One more question, based on looking at Bennett's last comment:

Has he been drinking?
4.27.2005 4:00am
Richard Bennett (www):
Don't they teach hypotheticals in Texas any more, Pat? You seem terribly worked up about the one I proposed, but that's probably because you suspect the truth: Scalia doesn't agree with your sophomoric analysis that condemns all the courts of Florida and the US. In some dark recess of the organ that used to be your brain, you know you've blown it.

BTW, you might tell your assistant to try and put on some self-control. Even though you're both loyal followers of Tom DeLay, there's still an expectation of decorum on this blog.
4.27.2005 5:47am
Xrlq (mail) (www):
Of course they teach hyptheticals. Here's a good example of how not to posit one:

Scalia said four words about this case: no, no, no, and no.


Note the absence of any words like "suppose," "what if," or any other clues that the above untrue statement is, well, untrue. Here's another example of a bad hypo:

Scalia doesn't agree with your sophomoric analysis that condemns all the courts of Florida and the US.


Again, that "hypo" sounds a lot like a representation that you know what Justice Scalia thinks about the issue (you don't) and that all of the courts of the US agree as well (99.999% of them have not weighed in at all).

Time to put up or shut up. If you really (non-hypothetically) think you have evidence of what Justice Scalia thinks about this issue, then provide it already.
4.27.2005 11:17am
Richard Bennett (www):
Let's just put it this way: there is no reason at all to believe that Scalia agrees with Pat on this question, but some reason to believe that he concurs with the Florida and US courts that have ruled unanimously. He's had four opportunities to express solidarity with Pat and has not taken any of them. As far as any of us, he's in complete agreement with the Supreme Court's refusal to take the case all four times.

Now there is a possibility that he mildly disagrees with the courts, just enough to be unhappy with their rulings but not enough to say anything. But that's a straw in the wind because Scalia isn't a pussy. I happen to know a dude who goes hunting with Scalia on a regular basis, so I'll ask him to put the question when he next sees him.

So while we're waiting, don't you have an abortion clinic to picket or a gay marriage to protest?
4.27.2005 2:47pm
Patterico (mail) (www):
Bennett,

That sounds an awful lot like bluster to try to cover up the fact that you said something you can't back up -- again.

You continue to suggest that a denial of cert. provides some suggestion as to a particular Justice's opinion of the merits, even though 1) we don't know how that Justice voted, and 2) even if we did know, a vote to deny cert. is not an opinion on the merits.

That suggestion is as baseless as everything else emanating from your keyboard.

The time for you to put up or shut up was long ago. Unfortunately, it's clear that you will do neither.

Or perhaps fortunately, as this thread will remain as a testament to your unwillingness to do the most basic thing required of people who want to be considered credible: admit when they're wrong.

In other circumstances, I'd be curious to hear Scalia's answer to the question -- if he gave one, which is unlikely. But why in the world would anyone trust you to accurately report Scalia's answer?
4.27.2005 3:57pm
Richard Bennett (www):
Nice speculation, Pat. What we do know is this: every court that has heard the Schiavo case has ruled in favor of Michael, every time. The US Supreme Court has declined to intervene in the matter on four separate occasions. With no exceptions, the courts have ruled for Michael and against Randall Terry and yourself.

And you don't know what that means.

Now don't you have a father to disenfranchise or a drunk driver to prosecute?
4.27.2005 4:17pm
Xrlq (mail) (www):
. He's had four [sic, three] opportunities to express solidarity with Pat [sic, -rick or -terico] and has not taken any of them. As far as any of us [sic, know], he's in complete agreement with the Supreme Court's refusal to take the case all four [sic, three] times.


That's just another way of saying that "as far as any of us know, we don't know anything." Which, of course, is true, as everyone in this discussion except you has acknowledged all along. Could Justice Scalia have written a dissenting opinion in any of those three cases you insist on calling four? Sure. He also could have written concurring opinions, had he been so inclined. He didn't, which is hardly surprising given that Justices rarely write opinions either way on decisions to grant or deny cert.

In the end, Justice Scalia passed up exactly the same number of opportunities to express agreement with you as he passed up to express agreement with us. The only difference is that Patterico and I aren't dumb enough to try to make anything out of it. We could, if we wanted to. For all any of us know, maybe Justice Scalia did vote to deny cert, not because he disagreed with the Schindlers, but because be agreed with them and knew five of his colleagues didn't.
4.27.2005 7:48pm
Richard Bennett (www):
A note on language: Sic means "Thus" or "just so" — it states that the preceding quoted material appears exactly that way in the source, usually despite errors of spelling, grammar, usage, or fact. Your usage is incorrect, showing an ignorance of Latin.

Second, see my last note to Pat.

Third, thanks for the plug on your blog. I know nobody reads it, but what the fuck, this might be your lucky day.

Now you can go back to abusing yourself.
4.27.2005 9:43pm
Patterico (mail) (www):
Let's see where we are:

Bennett claims Scalia voted to deny cert. He implies it would be easy to prove if only I'd look, but he can't prove it himself. The best he can do is imply that some news story, written by a journalist as ignorant about the law as he is, says it was 9-0.

Bennett loses that argument. Strike one.

He loses again because he won't admit it. Strike two.

Also, he repeatedly asserts that a vote to deny cert. indicates agreement with the lower court's decision. He thereby shows that he has no idea what the function of the Supreme Court is.

Strike three.

He won't admit that either. Strike four. And you only get three.
4.27.2005 9:49pm
Xrlq (mail) (www):
Then there's strike five, where he makes an issue of my correct use of the word sic. Then he swings, misses and throws the bat deep into left field on strike six, mocking my blog that "nobody reads" (other than him, apparently), even though my readership outnumbers his by more than four to one (and that's assuming none of his 97 daily hits are his own), and even though my incoming links outnumber his by more than 6 to 1. I must admit there's something cute about this poor, lowly, Flappy Bird, who masquerades as a Large Mammal by linking to his own site 190 times, sees fit to take a jab my alleged lack of readership. O-kay.
4.27.2005 10:55pm
Richard Bennett (www):
Just so we're clear, boys: how many courts have issued rulings in the Schiavo case that agree with your mutual position?

That's the only number we need to worry about today.
4.27.2005 11:37pm
Patterico (mail) (www):
No, that's the number you want to worry about, because you are desperately trying to change the subject from *your* lack of support for *your* assertions, and your failure to acknowledge that you said things you can't back up.

If you want to finally "man up" and acknowledge all the things you said on this thread that you can't back up, then we can move on to your next argument. But I'm not going to let you throw out assertions, get challenged, fail to back them up, and then shift your ground while you pretend that you're saying the same thing.

Just show some balls and admit that all the things you said about Scalia disagreeing with my position, or the Supreme Court disagreeing with my position, were wrong. You were wrong. You, Richard Bennett.

Come on. I've admitted errors before. Xrlq has admitted errors before. And we were nowhere near as arrogant in our assertions, and snidely and cluelessly dismissive of others who knew better.

Come on, say it. "I, Richard Bennett, was wrong. 100% completely wrong."
4.27.2005 11:56pm
Patterico (mail) (www):
"And Patterico and Xrlq were right."
4.27.2005 11:58pm
Richard Bennett (www):
Ah, Pat, the Supreme Court denied cert to your people on four occasions. We have no evidence that any of the justices disagreed with the six that had to agree - all four times - in order for this to happen. Now let's suppose I wanted to be charitable and said, just to raise your self-esteem, that I had a secret letter from Scalia saying that he secretly agreed with you and Randall Terry and Tom DeLay. (I'm not saying I have such a letter - this is a hypothetical, a thought experiment.)

Now would your position be any stronger if this were true than it is in reality? Would any of the unanimous judgments of the Florida and US courts be any different? Of course they wouldn't.

No, I have no secret letter from Scalia saying he secretly supports your position. All I have is the public record, and as we all know that record is spotlessly clean of support from any Supreme Court justice for the position taken by you, Jeffrey (Xrlqpbj) Bishop, Tom DeLay, and Randall Terry. There's nothing in it to back you up, not even a little bit. Every court that's heard the case has slapped you upside the head, repeatedly and consistently.

The evidence is clear that Michael Schiavo is right, and those of you who've smeared him are wrong. Wrong, wrong, wrong, wrong. You couldn't be more wrong.

And that's the argument from authority, the one that you're not entitled to make because you're but one insignificant junior assistant DA in the Los Angeles County drunk driving unit who's railing against all the judges in all the courts in America who've shoved your nose in the mud, all the way to the Supreme Court.

So what are you going to do, keep on embarassing yourself or apologize for being such a cheap thug and try to rehabilitate what little bit of reputation you might hope to achieve some day? Because you're just digging a deeper hole for yourself here, and your clone is helping.

It's up to you, Pat.

Now once again, how many courts agree with you?
4.28.2005 5:41am
Xrlq (mail) (www):
Stop changing the subject. How many courts of which Antonin Scalia is a member agree with you? The rest are irrelevant.
4.28.2005 10:50am
Patterico (mail) (www):
Amazing. This man is pathologically incapable of admitting when he is wrong.

I said I would take my leave of you before, but I couldn't resist coming back just to complete the record on your penchant for throwing out assertions that you can't back up. It has been amusing, though I feel a little cruel, like a cat playing with a mouse. Well, the mouse is clearly dead now, and though exposing you as a fraud has been fun, it's getting a little repetitive and boring.

I know, I know. "Thus Patterico slinks off with his tail between his legs." In your simplistic world, whoever has the last word is the one who wins the argument. And I have no doubt that you would stay on this thread for the next year, if only to have the last word, toss out one more lie about your opponent (as you did in the last thread), and declare victory in an argument where your pathetic loss is all too apparent.

So, though I will make this my last comment, I will offer you this one last chance to back up or retract your false assertions. Let me remind you of a few of them.

let the record show that Florida trial courts, appeals court, and Supreme Court as well as federal district court, appeals court and supreme courts see the infamous Schiavo case in one way, but Paprika sees it differently


Another false statement by Richard Bennett. You have been embarrassed beyond belief on this one. As this link explains, review in the Supreme Court is a matter of judicial discretion. The Supreme Court exists, "not to correct errors in lower court decisions, but to decide cases presenting issues of importance beyond the particular facts and parties involved. The Court grants and hears argument in only about 1% of the cases that are filed each Term. The vast majority of petitions are simply denied by the Court without comment or explanation. The denial of a petition for a writ of certiorari signifies only that the Court has chosen not to accept the case for review and does not express the Court's view of the merits of the case."

And you have compounded the error by attributing the supposed view of the Supreme Court to Justice Scalia specifically:

Scalia said four words about this case: no, no, no, and no. They say his writing is a model of clarity.


Another false statement by Richard Bennett. We have challenged you to prove this, and you have repeatedly failed. The best you can do is allude to the possibility that some equally ignorant journalist may have written a story that got it equally wrong.

these people 'Patterico' and 'Xrlq' have libelled the hell out of Michael Schiavo


Another false statement by Richard Bennett. You have made no attempt to identify any libelous statement and show how it is libel.

you've claimed that Michael Schiavo abused his wife and actually put her in her coma in the first place by beating her


Another false statement by Richard Bennett. You provided one link where I said I am not arguing that, and alluded to others where I linked evidence of that, without saying I agreed. I have also linked evidence to the contrary, without saying I agreed. Your ridiculous argument is that I agree with everything I link, though the source I link most frequently is the LA Times, which I consider totally untrustworthy. That is a pathetic argument does not even come close to backing up your false claim. You should prove this false claim, or retract it.

So, as I "slink off with my tail between my legs," let me throw out this challenge to you: if you would like to finally provide support for each of these statements -- or, since you can't, retract them -- I will happily return to the thread.

When (not if) you fail to provide proof or a retraction, your failure will scream loud and clear. No matter what new lies you tell, what new insults you lob, and what new bluster and chest-beating you engage in, the intelligent reader will notice your failure to back up or retract these statements. To them, your comment will read like this: "blah blah blah blah. My name is Richard Bennett, and I can't admit that I'm wrong."

Anticipating your failure to put up or shut up, I now take my leave of you. This time, I expect, it will be for good.
4.28.2005 11:05am