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Judge's error to save Terri Schiavo?
World Net Daily ^ | March 4, 2005 | World Net Daily

Posted on 03/04/2005 2:16:56 AM PST by ViLaLuz

Terri Schiavo is not hooked up to any machines, but she requires a small feeding tube for nourishment and hydration. In 2000, Greer ordered that the tube be removed, and last week, denying a motion for a further stay, gave the Schindlers until March 18 at 1 p.m. to appeal before the order is carried out.

At the 2000 trial, Greer, although initially finding Meyer's testimony 'believable,' concluded that the conversation could not have occurred in 1982, because he believed Quinlan died in 1976. At that time, Terri would have been only 11 or 12 years old and, therefore, would not have made her end-of-life wishes as an adult.

The new motion contends it was Greer who was mistaken and not Meyer, because Quinlan did not die until 1985, about 9 years after her court case ended and her respirator was removed.

None of the attorneys working on the Schiavo case in 2000 apparently noticed the mistake in dates, according to the Schindlers' attorney David Gibbs.

"No one told Judge Greer that Karen Ann Quinlan was alive in 1982, making it entirely appropriate for Diane and Terri to discuss her situation in the present tense," his firm said in a statement.

Gibbs said that if Greer's 2000 order authorizing husband Michael Schiavo to end his wife's life were a criminal death sentence, Terri Schiavo would be entitled to a new trial on the basis of a reversible error.

"Although Terri is not a criminal, she is still under a court-imposed death order, an order that is the equivalent of a death penalty," Gibbs said. "Therefore, we are asking Judge Greer to correct his mistake by either reversing his 2000 order or conducting a new trial."

As WorldNetDaily reported last week, Greer denied the Schindlers' motion for an indefinite stay to pursue medical tests that might prove their daughter could benefit from physical therapy.

Terri Schiavo collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Michael Schiavo contends his wife had an eating disorder, and the court agreed she is in a "persistent vegetative state," but her parents suspect he tried to strangle her, and insist that while mentally handicapped, she recognizes people and responds to stimuli.

The Schindlers want to get TV cameras in their daughter's room at the Woodside Hospice in Pinellas Park, Fla., where she lives, to document that she is not "comatose," as often has been reported. But Michael Schiavo keeps tight control of the vistors list and has barred filming and photographing.

The family's hopes also have been lifted by news that Florida's Department of Children and Families is launching an abuse probe. If neglect or abuse can be proved, the state can take over guardianship from Michael Schiavo.

The Schindlers have filed motions to remove their son-in-law as Terri's guardian, arguing he is her husband in name only and consistently has sought to withhold care and therapy. Michael Schiavo has been living for 10 years with fiance Jodi Centonze, with whom he has two children, and plans to marry her upon Terri's death.

Another option for the Schindlers is an appeal to the U.S. Supreme Court on religious liberty grounds, asserting Terri Schiavo's Catholic beliefs would be violated by invoking her "right to die."

Meanwhile, the National Right to Life Committee is calling on Congress to enact a bill to be introduced by Rep. Dave Weldon, R-Fla., that would give the Schindler family access to a federal court to argue for the life of their daughter.

"Congress can act to ensure a federal court hearing on whether or not Terri will die of starvation and dehydration," said Lori Kehoe, congressional liaison for NRLC's Robert Powell Center for Medical Ethics.

Kehoe said a proceeding known as the "writ of habeas corpus" been used to give a hearing to those whose liberty has been constrained by state courts in violation of the Constitution or federal laws.

Weldon plans to introduce the bill March 8.

"We call on all citizens to immediately contact their U.S. senators and representatives and urge them to support Representative Weldon's bill to amend the Habeas Corpus Act to allow its use when a state court orders denial of food or fluids in cases like Terri's," Kehoe said.


Court documents and other information are posted on the Schindler family website.

Links to all "Terri briefs" regarding the governor's defense of Terri's Law are on the Florida Supreme Court website, public information.

Recent stories:

Terri Schiavo backers hopeful

Judge Greer orders Terri's starvation

Terri Schiavo's life in balance again

Stay extended in Schiavo case

Clock running out for Terri Schiavo

U.S. Supreme Court refuses Schiavo case

Terri Schiavo saved again

Judge spares Terri Schiavo – for now

'Terri's Law' struck down

Florida high court hears 'Terri's Law'

Recent commentaries:

Supreme ignorance

A right to live ... not to be killed


Read WorldNetDaily's unparalleled, in-depth coverage of the life-and-death fight over Terri Schiavo.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; US: Florida
KEYWORDS: abuse; corrupt; death; euthanasia; greer; handicapped; judge; michael; schiavo; schindler; starvation; terri; terrischiavo
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Things are happening, keep praying.
1 posted on 03/04/2005 2:16:58 AM PST by ViLaLuz
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To: Howlin

amend the Habeas Corpus Act - ping


2 posted on 03/04/2005 2:24:39 AM PST by beyond the sea (Barbara Boxer is Barbra Streisand on peyote .....)
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To: ViLaLuz
TERRI SCHIAVO INFORMATION PAGE
3 posted on 03/04/2005 2:36:36 AM PST by Pajamajan (Pray for Terri. Pray for Terri, Pray for Terri)
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To: ViLaLuz
I wouldn't call that living....

but, who am I to decide?

4 posted on 03/04/2005 2:37:56 AM PST by Nitro ( We do it with a bang.)
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To: Nitro
"I wouldn't call that living, but who am I to decide? "

Click on the link post 3.

5 posted on 03/04/2005 2:41:07 AM PST by Pajamajan (Pray for Terri. Pray for Terri, Pray for Terri)
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To: Pajamajan
I am aware of the facts in the case.

What is your point?

6 posted on 03/04/2005 2:48:24 AM PST by Nitro ( We do it with a bang.)
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To: ViLaLuz

If you're going to excerpt the article, please indicate this in the text of the post. It was rather confusing to come into it three paragraphs in.


7 posted on 03/04/2005 2:58:10 AM PST by mvpel (Michael Pelletier)
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To: mvpel
Attorneys for the parents of Terri Schiavo filed a new motion claiming a trial judge made a reversible error that affected his determination of whether the brain-damaged Florida woman would want to be keep alive in her present condition.

Parents Robert and Mary Schindler contend Pinellas County Probate Court George Greer made a "clear mistake" when he discounted the testimony of Diane Meyer, who said that in 1982 Terri Schiavo told her she did not agree with the well-known decision by Karen Ann Quinlan's parents to take their daughter off life support.

Florida law allows for consideration of oral expressions of end-of-life wishes. Husband Michael Schiavo claims his wife told him she would not want to be keep alive through artificial means, but her parents don't believe that.

Terri Schiavo is not hooked up to any machines, but she requires a small feeding tube for nourishment and hydration. In 2000, Greer ordered that the tube be removed, and last week, denying a motion for a further stay, gave the Schindlers until March 18 at 1 p.m. to appeal before the order is carried out.

At the 2000 trial, Greer, although initially finding Meyer's testimony 'believable,' concluded that the conversation could not have occurred in 1982, because he believed Quinlan died in 1976. At that time, Terri would have been only 11 or 12 years old and, therefore, would not have made her end-of-life wishes as an adult.

The new motion contends it was Greer who was mistaken and not Meyer, because Quinlan did not die until 1985, about 9 years after her court case ended and her respirator was removed.

None of the attorneys working on the Schiavo case in 2000 apparently noticed the mistake in dates, according to the Schindlers' attorney David Gibbs.

"No one told Judge Greer that Karen Ann Quinlan was alive in 1982, making it entirely appropriate for Diane and Terri to discuss her situation in the present tense," his firm said in a statement.

Gibbs said that if Greer's 2000 order authorizing husband Michael Schiavo to end his wife's life were a criminal death sentence, Terri Schiavo would be entitled to a new trial on the basis of a reversible error.

"Although Terri is not a criminal, she is still under a court-imposed death order, an order that is the equivalent of a death penalty," Gibbs said. "Therefore, we are asking Judge Greer to correct his mistake by either reversing his 2000 order or conducting a new trial."

As WorldNetDaily reported last week, Greer denied the Schindlers' motion for an indefinite stay to pursue medical tests that might prove their daughter could benefit from physical therapy.

Terri Schiavo collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Michael Schiavo contends his wife had an eating disorder, and the court agreed she is in a "persistent vegetative state," but her parents suspect he tried to strangle her, and insist that while mentally handicapped, she recognizes people and responds to stimuli.

The Schindlers want to get TV cameras in their daughter's room at the Woodside Hospice in Pinellas Park, Fla., where she lives, to document that she is not "comatose," as often has been reported. But Michael Schiavo keeps tight control of the vistors list and has barred filming and photographing.

The family's hopes also have been lifted by news that Florida's Department of Children and Families is launching an abuse probe. If neglect or abuse can be proved, the state can take over guardianship from Michael Schiavo.

The Schindlers have filed motions to remove their son-in-law as Terri's guardian, arguing he is her husband in name only and consistently has sought to withhold care and therapy. Michael Schiavo has been living for 10 years with fiance Jodi Centonze, with whom he has two children, and plans to marry her upon Terri's death.

Another option for the Schindlers is an appeal to the U.S. Supreme Court on religious liberty grounds, asserting Terri Schiavo's Catholic beliefs would be violated by invoking her "right to die."

Meanwhile, the National Right to Life Committee is calling on Congress to enact a bill to be introduced by Rep. Dave Weldon, R-Fla., that would give the Schindler family access to a federal court to argue for the life of their daughter.

"Congress can act to ensure a federal court hearing on whether or not Terri will die of starvation and dehydration," said Lori Kehoe, congressional liaison for NRLC's Robert Powell Center for Medical Ethics.

Kehoe said a proceeding known as the "writ of habeas corpus" been used to give a hearing to those whose liberty has been constrained by state courts in violation of the Constitution or federal laws.

Weldon plans to introduce the bill March 8.

"We call on all citizens to immediately contact their U.S. senators and representatives and urge them to support Representative Weldon's bill to amend the Habeas Corpus Act to allow its use when a state court orders denial of food or fluids in cases like Terri's," Kehoe said.

8 posted on 03/04/2005 3:03:44 AM PST by ViLaLuz
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To: mvpel

Sorry, I didn't mean to cut off the first 3 paragraphs. Thank you for calling that to my attention.


9 posted on 03/04/2005 3:04:25 AM PST by ViLaLuz
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To: Nitro
"but, who am I to decide?"

A question for you. When you see something happening that is totally unjust, do you stand by and do nothing?

Or do you stand up for what is right?

10 posted on 03/04/2005 3:06:40 AM PST by ViLaLuz
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To: Pajamajan

Great photos on that link. Thanks for posting it! All, check this out.


11 posted on 03/04/2005 3:08:23 AM PST by ViLaLuz
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To: ViLaLuz

Amen,........Infinite Grace and Mercy,.......In Jesus' Precious Name, Amen!!!


12 posted on 03/04/2005 3:08:43 AM PST by maestro
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To: ViLaLuz
Or do you stand up for what is right?

You are right, life is a gift from God and should be jealously guarded at all costs!

but have you never returned a gift?

13 posted on 03/04/2005 3:20:39 AM PST by Nitro ( We do it with a bang.)
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To: ViLaLuz
You are all life from God.....

what if God gives you a horrible disease?

Is it an endurance trial?

Actually, that's what I think I have coming.

Should I die and who will pay?

No medical insurance, since you love life I am sure I can count on you to send lots of money my way...... and thanks!!!

14 posted on 03/04/2005 3:28:57 AM PST by Nitro ( We do it with a bang.)
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To: ViLaLuz

This is the first time I have heard that the fam believes he may have tried to strangle her. Has there ever been any REASONABLE explaination how a heathy woman suddenly has a "heart attack"


15 posted on 03/04/2005 3:54:07 AM PST by marty60
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To: tutstar
SEE POST 4


16 posted on 03/04/2005 4:08:14 AM PST by Nightshift (Faith is something everyone has, but the question is: Faith in What?)
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To: Nitro
I would be interested in hearing what you call living.

I was paralyzed from the waist down, so I guess you would call that half living?

17 posted on 03/04/2005 4:11:07 AM PST by Nightshift (Faith is something everyone has, but the question is: Faith in What?)
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To: marty60
Has there ever been any REASONABLE explaination how a heathy woman suddenly has a "heart attack"

She wasn't healthy. She was bulimic.

18 posted on 03/04/2005 4:21:52 AM PST by Sandy
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To: Sandy

Is that what the Doc's said brought on a heart attack?


19 posted on 03/04/2005 4:24:21 AM PST by marty60
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To: Sandy
"She wasn't healthy. She was bulimic."

I don't beieve this was true. Does anyone have the facts on this issue?

20 posted on 03/04/2005 4:29:14 AM PST by Russ7
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