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Schiavo's Case Hits Federal Court


Published: Mar 23, 2005

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TAMPA - Best known for presiding over recent trials of a racketeering motorcycle outlaw and a Tampa school corruption whistleblower, U.S. District Judge James Whittemore now finds himself in the eye of a hurricane over Terri Schiavo's life.

Appointed to the federal bench in 2000 by President Bill Clinton, Whittemore, 52, is suddenly in an international spotlight as he considers whether to order Schiavo's feeding tube restored.

With the Vatican weighing in on the Roman Catholic Schiavo's side and President Bush signing an emergency bill to put the case under federal jurisdiction, Whittemore faces extraordinary pressure.

Tampa lawyer John Fitzgibbons, a former federal prosecutor who has known Whittemore for years, said the judge won't kowtow to special interests.

``He's got no agenda. Probably, if anything, he would be somewhat conservative,'' Fitzgibbons said.

Whittemore wasted no time Monday reviewing Schiavo's files. His chamber lights burned in the early morning darkness, hours after Bush stepped outside his White House bedroom at 1:11 a.m. to sign a bill to keep the brain- damaged 41-year-old Pinellas Park woman alive while Tampa's federal court reviews her case.

Whittemore drew the case through a courthouse system that assigns them randomly by computer.

The judge offered no hints about when he might rule on an emergency motion to restore Schiavo's feeding tube after hearing lawyers argue for almost two hours.

``It won't be days,'' predicted lawyer David Gibbs, who represents Schiavo's parents, Bob and Mary Schindler. ``The court asked about the status of Terri. She doesn't have water or food. We're asking the court to please give the word to get food and water to her to keep her alive.''

Lawyer George Felos, who represents Schiavo's husband, Michael, said Whittemore ``will apply his wisdom. Judges have lifetime jobs so they can withstand political pressures.''

Fitzgibbons predicted Whittemore would hear all sides in the emotion-charged case, as directed by Congress over the weekend after an unusual emergency session on Capitol Hill.

``He's a scholarly judge who will read everything and be current on all aspects of the law, and he'll render an opinion,'' Fitzgibbons said. ``For a case like this, you couldn't ask for a fairer judge.''

How fast Whittemore rules, all sides agreed, is crucial. Schiavo's feeding tube was disconnected Friday afternoon on a Florida circuit judge's orders after what appeared to be the end of a protracted legal battle over her life. She could live up to two weeks.

Whittemore's appointment was endorsed by then-U.S. Sen. Bob Graham, D-Miami Lakes. He also had bipartisan support from then-Sen. Connie Mack, R-Fort Myers. The U.S. Senate confirmation was unanimous.

Yet Whittemore's politics, seen by some as important in what has emerged as a highly charged political case pitting conservative Christians against right-to-die advocates, are unclear.

Steve Crawford, a Tampa lawyer and former federal prosecutor, said he thinks Whittemore is a Republican.

``President Clinton appointed him, which was somewhat a surprise because he's always been a Republican,'' Crawford said.

Yet, Eddie Suarez, president of the 337-member Tampa Bay chapter Federal Bar Association, said he would be ``shocked'' if Whittemore is not a Democrat.

``Just knowing the nature of political appointments at that level, it argues that he'd be a Democrat,'' Suarez said.

``I don't think he's generally perceived as a liberal judge,'' Suarez added. ``That's not his reputation, not that anyone perceives him as a reactionary, either. I think he calls it as he sees it. He's not someone who's perceived as an activist judge. I don't think he'd have an agenda in this case. I think he'll rule the way he thinks the law requires him.''

Reporter Brad Smith can be reached at (813) 259-7365.



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