Posted on 08/27/2003 6:43:02 AM PDT by summer
Note to FR, from summer: Yesterday I emailed Gov Bush, thanking him for taking action in this matter. I mentioned to him that I hadn't seen a full text of the letter he wrote to the judge, and I would like to read it. I then received it this morning by email from his office.
After that, I noticed his letter -- while not published in full by any of the newspapers I saw -- is also available and does exist in a download on Teri's web site.
However, for those unable to access that download, and who, like me, wanted to read the letter, here it is -- for all of us on FR, from Gov Bush:
------------------------------------------------
----- Original Message -----
From: [Governor Bush's office]
To: [summer's email]
Sent: Wednesday, August 27, 2003 8:06 AM
Subject: Letter regarding Terri Schiavo
> August 26, 2003
> The Honorable George W. Greer
> Judge, Sixth Judicial Circuit
> 315 Court Street, Room 484
> Clearwater, Florida 33756
Dear Judge Greer:
> I appreciate the challenging legal and ethical issues before you in the case > of Terri Schiavo. As I have expressed over the course of the past several > weeks, our system of government has committed these decisions to the > judicial branch, and we must respect that process. Consistent with this > principle, I normally would not address a letter to a judge in a pending > legal proceeding. However, my office has received over 27,000 emails > reflecting understandable concern for the well being of Terri Schiavo. > Given that there is no procedural avenue available for these views to be > expressed to you in the normal course of the proceedings, I feel compelled > to write in the hopes that you will give serious consideration to > re-appointment of a guardian ad litem for Mrs. Schiavo before permitting the > removal of her feeding tube or other actions calculated to end her life.
> This case represents the disturbing result of a severe family disagreement > in extremely trying circumstances. Emotions are high, accusations abound, > and at the heart of this public and private maelstrom is a young woman > incapable of speaking for herself.
> I am disturbed by new rumors about the guardian's actions related to the > current care of Mrs. Schiavo. It has come to my attention that Mrs. Schiavo > has contracted a life threatening illness, and that she may be denied > appropriate treatment. If true, this indicates a decision by her caregivers > to initiate an "exit protocol" that may include withholding treatment from > Mrs. Schiavo until her death, which would render this Court's ultimate > decision moot. While the issue of Mrs. Schiavo's care is still before the > Court, I urge you to ensure that no act of omission or commission be allowed > to adversely affect Mrs. Schiavo's health before the September 11th hearing > you have set. No one involved should be permitted to circumvent due process > or the Court's authority in order to achieve personal objectives in this > case.
> Even discounting these rumors, there are a number of factual disputes > regarding Mrs. Schiavo's medical condition, past and current care and > therapy, and her prognosis. Given the contradictory positions of her > guardian and other family members, I respectfully ask that you re-appoint a > qualified guardian ad litem to independently investigate the circumstances > of this case, and provide the Court an unbiased view that considers only the > best interests of Mrs. Schiavo.
> It is a fine balance between Mrs. Schiavo's right to privacy and her right > to life, both of which are co-equal in our Constitution. To err on one side > is to prolong her existence, perhaps against her wishes, and continue the > debate. To err on the other is an irrevocable act that affords no > remediation. I respectfully ask that you give Mrs. Schiavo's family the > opportunity to present any new evidence as to her wishes. Evidence as to > her wishes should be reweighed as often as necessary to take into account > the effect of any new evidence, that is, to determine whether "clear and > convincing evidence" still exists that Mrs. Schiavo would now choose > withdrawal of life-prolonging procedures. While this process may delay the > surrogate's exercise of Mrs. Schiavo's privacy rights, it is necessary to > avoid denying her right to life. I urge you to err on the side of > conservative judgment to ensure that all facts can be uncovered and > considered before her life is terminated.
> I appreciate your compassion for Mrs. Schiavo's plight, and that of the > family members locked in dispute in these tragic circumstances. In light of > the ongoing contention related to so many issues in this case, I hope you > will consider appointing a guardian ad litem to ensure that the ultimate > decision is based on facts presented clearly, unclouded and uncolored by > personal interests of litigants.
> Sincerely,
> Jeb Bush
> cc: Patricia Fields Anderson, Esq.
> George J. Felos, Esq.
How do we protect the innocent and helpless from those who would kill them? How can that not be a duty of any neighor, to intervene? Why can't Terri's mother be given guardianship if she's willing to care for her daughter? Terri never gave her husband permission to do anything re. her care, did she? This case hurts, just hurts.
I posted the whole letter here as well, summer. Thank you for going the extra mile to set the record straight. I hope those who pray, pray - hard, for Terri, Gov. Bush...and this Judge, who needs it most of all, imho.
Florida Judge Rejects Governor's Bid to Help Terri Schiavo
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
August 27, 2003
Capitol Hill (CNSNews.com) - Florida Circuit Judge George Greer Tuesday rejected a plea from Governor Jeb Bush to appoint a guardian ad litem to represent the best interests of Terri Schindler Schiavo, a 39-year-old disabled woman who suffered a brain injury in 1990 under questionable circumstances. Bush had intervened Monday after receiving 27,000 email messages asking for his help on Terri's behalf.
"I read [Gov. Bush's letter] because it came from the governor and I respect his position," Greer told the Tampa Tribune. "Beyond that, it is going in the file."
As CNSNews.com previously reported, Bush wrote Greer Monday asking him not to remove the disabled woman's feeding tube until a new guardian ad litem could "independently investigate" her condition. In the letter, Bush referenced the "fine balance between Mrs. Schiavo's right to privacy and her right to life," which Bush noted are co-equal under the Constitution.
"To err on one side is to prolong her existence, perhaps against her wishes and to continue the debate," Bush wrote. "To err on the other is an irrevocable act that affords no remediation."
But Greer told the Associated Press that he no longer has a choice in the matter.
"Frankly, I think I'm operating under a mandate from the 2nd District Court of Appeals," Greer said, "and frankly I don't think I can stray from that mandate."
In that same interview, however, the judge contradicted his own assessment of the limitation on his authority by stating that he was "not inclined" to appoint a guardian ad litem.
Michael Schiavo called Gov. Bush's intervention on behalf of Terri "crazy."
"The governor has deliberately twisted the facts in this case in an apparent effort to kowtow to his right-to-life political supporters," Schiavo told Tampa Tribune reporter David Sommer. "This has nothing to do with him. He should stay out of it."
Schiavo - who, for five years, has been seeking judicial approval to end his wife's life by denying her nutrition and hydration - also accused Terri's parents of manipulating their Catholic faith to keep their daughter alive.
"I believe in God and so did Terri," Schiavo said, speaking of his still living wife in the past tense, "but they are out to push it on people... suddenly they are on a religious kick."
Judge refuses motion for hearing to set 'death date'
Greer also denied a motion Tuesday to hold an immediate hearing to set a date for the removal of Terri's nutrition and hydration tube. The hearing will be held, as previously announced, on Sept. 11. At that hearing, Greer will also rule on whether Schiavo may legally prohibit Terri's priest from visiting her.
Schiavo's attorney, George Felos, had also petitioned the court Monday to prohibit doctors from caring for Terri's current fever, labored breathing, vomiting, diarrhea and a "substantial infection."
"Given the imminence of the ward's death, further treatment (other than comfort care) for the ward's infection and other medical problems is unnecessary, unwarranted, inappropriate and futile," Felos said in an emergency motion, adding that Terri, "should be put back in hospice and receive comfort care and die in a peaceful setting."
Greer denied that motion, as well.
FV posted at the other thread:
RC, I made some phone calls today and have the ULTIMATE PHONE CALL for registering a Complaint against Judge Greer. I can't reveal my sources but this is the phone number for a few pay grades above J. Greer.
Call the: Judicial Qualifications Commission at
#1-850-488-1581. I am complaining to them tomorrow that J. Greer isn't God, that he's been in the husband's corner since Day One, he doesn't care a wit about Terri's parents or her husband's attempt at medical neglect, and I'd like to know if Greer can be recalled or impeached.
HE SHOULD HAVE OR COULD HAVE HONORED GOV. BUSH'S REQUEST TO ASSIGN A GUARDIAN AD LITEM to represent Terri's interest instead of once again, taking the side of the husband. Judge Greer is from the Sixth Circuit Court, Pinellas County.
Oh, and ping everybody you can think of.
72 posted on 08/27/2003 5:06 PM EDT by floriduh voter (Thanks in advance for going the extra mile. Judges are outta control.)
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