Posted on 01/24/2005 7:32:31 AM PST by amdgmary
One important point is we never would have arrived at this juncture if it weren't for Judge Greer's rulings to date.
Florida provides that a judge must remove himself from a case if a party requests it and especially if the party feels the judge is biased. Judge Greer has denied four requests to remove himself from the case. Greer also used Dr. Ronald Cranford's definition of PVS and not the one in the Fl statutes.
Following is a list of reasons why guardianship should have been taken from Michael a long time ago. If Greer had paid attention to the letter of the law we wouldn't be here discussing this.
Judge George Greer of the 6th circuit in Florida should be impeached for failing to rule in accordance with Florida Statutes.
The following violations by Michael Schiavo of Florida Statutes were listed in a Petition to Remove Michael Schiavo as Guardian which was denied by Judge Greer.
Any one of the statutory reasons set forth below is sufficient to require removal of this guardian pursuant to § 744.474, Fla. Stat. In support, Petitioners say:
Failure to Discharge His Duties - § 744.474 (2), Fla. Stat.
1. The fundamental duty of the guardian as set forth in Chapter 744, Fla. Stat., is to protect the interests of the ward. From the statement of legislative intent to the detailed provisions concerning the annual plan, Florida law requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible. Schiavo has failed in each and every respect.
2. Terri has the right to be treated with dignity and respect and the right to privacy - rights that are retained by her notwithstanding the appointment of a guardian. Fla. Stat. § 744.3215. Despite this obligation, Schiavo affirmed on national television (Connie Chung, CNN, 11/4/02) that he is an adulterer and has had a child by his mistress. He made a mockery of his marriage to Terri, dismissing it as “a portion of my life” and that he “got on with” his affairs while still claiming to be a loving husband to Terri. When his counsel offered on this same show a veritable advertisement for adultery, Schiavo sat quietly by in condoning silence.
3. Fidelity is a key component of the respect and dignity that our society expects one spouse to afford the other; yet, this guardian believes that Terri’s disability releases him of his legal and moral responsibility. Indeed, the sanctity of his marriage, once espoused by Schiavo when it was in his financial interest to do so, is now publicly denigrated in heartless fashion.
4. Having expended almost all of Terri’s money in an attempt to kill[1]/ her rather than rehabilitate her (see below), this self-styled champion of her right to privacy has made clear that he has no regard for, and will not protect, Terri’s rights of privacy, dignity and respect. In addition to the public humiliation for Terri caused by both Schiavo’s nationally-televised statements and his public conduct, Schiavo has further condoned assaults on Terri’s privacy and dignity by his counsel who, in local and national media, has declared that Terri is no better than a house plant.
5. Terri deserves what any woman would want in these circumstances - the right to divorce this adulterer. Yet, Schiavo has failed to request authority from this Court to initiate the obvious petition. See Fla. Stat. § 744.3215(4)(c) (2002). There has been a de facto dissolution of this marriage which, in equity, should eliminate Schiavo’s suitability as Terri’s guardian.[2]/ In fact, Schiavo is Terri’s husband in name only, and it is upon that legal relationship that his right to be her guardian is based.
6. Terri also retains the right to be protected from exploitation, which includes the misuse of guardianship duties. Fla. Stat. §§ 744.3215(d) and 415.102(7). Another aspect of Schiavo’s media activities is that the appearance on the above- referenced national television show was, at least in part, for the purpose of promoting his counsel’s book.[3]/ To the extent that Schiavo has received any direct or indirect consideration from Mr. Felos or third parties for this or similar activity, it would constitute a misuse of Schiavo’s guardianship role and an exploitation of the ward. In the absence of such consideration, it nonetheless suggests the appearance of impropriety and is a further affront to the dignity of the ward.
7. Terri has the absolute right to receive necessary services and rehabilitation. Fla. Stat. § 744.3215 (2002). Schiavo has affirmatively prevented Terri from receiving these services from her caregivers. Further, he has confined her to the “death row” of Hospice for over two years while the appeals in this case have been pending, instead of leaving her in a nursing facility where she would receive the services and rehabilitation required by law.[4]/
8. Instead of fulfilling his duty to develop Terri’s abilities, Schiavo has at every turn attempted to increase her incapacity through the denial of basic health and rehabilitative services such as range of motion therapy, other physical therapy, orthopaedic evaluations and treatment, speech therapy, standard diagnostic tests and procedures, gynecological care, dental care, rehabilitation evaluations and cognitive therapy, as testimony in the recent evidentiary hearing revealed.
9. Schiavo has systematically isolated Terri and deprived her of sensory input.[5]/ Terri has the absolute right to receive visitors and communicate with others. Fla. Stat. § 744.3215. This right has been unlawfully and cruelly restricted by Schiavo, who has prevented visitors of whom he does not approve from seeing Terri, according to his own capricious and unreviewed bent.
10. He has prevented the flow of non-verbal communication between Terri and her parents and siblings by instructing her caregivers to give no such information about Terri’s behavior to her family.
11. Terri has the right to receive “palliative care” which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. Fla. Stat. § 765.102. This right is not limited to those with incurable or progressive illnesses.
12. As is reflected in each annual plan filed by him, Schiavo has made no attempt to provide such comprehensive care.
13. Knowing that Terri wants to get better, and would have always chosen rehabilitation over death, Schiavo consented, on Terri’s behalf, to an experimental medical procedure - the implantation of an electrode in her brain in December, 1990 in San Francisco.
14. However, this was yet another violation of his duties as guardian, because such consent was given by him without the necessary prior approval of the Court. Fla. Stat. § 744.3215(4). Now that it is no longer in Schiavo’s financial interest for Terri to receive treatment that could improve her condition, he is yet again violating his duty as her guardian by (a) ignoring and misrepresenting her wishes regarding potentially helpful treatment and (b) refusing to consent to treatment that could be beneficial to Terri.
15. The guardian is required by law to prepare and present an annual plan. Fla. Stat. § 744.3675. Throughout his tenure as guardian, Schiavo has filed the annual plans late or not at all, and has provided incomplete and inaccurate information. The Court recently signed yet another order permitting postponement of the filing of an annual plan.
16. Schiavo has failed to report, and affirmatively concealed, from this Court information concerning Terri’s awareness of her environment and her attempts at communication. Knowing that the attending physician and others would rely on information supplied by Schiavo as a basis for continuing to state an unchanged diagnosis, Schiavo has intentionally withheld information concerning Terri’s true condition: that she is conscious, aware and can swallow.
17. In a further attempt to conceal the truth from this Court, Schiavo has closely controlled access to Terri’s medical records and caregiver information in an attempt to prevent Petitioners from presenting additional evidence that Terri is conscious and is not receiving the medical and rehabilitative services that she requires and deserves.
18. Schiavo has reported in annual reports that Terri was receiving all medical services recommended by the physicians, but has actually forbidden treatment of any kind.
19. In his annual reports, Schiavo has completely failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by Fla. Stat. § 744.3675 (1)(b)(3, and has falsely stated that Terri could not benefit from physical therapy and other rehabilitative therapies.
20. The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation, and Terri is entitled to the protections afforded by this law.
21. “‘Abuse’ means any willful act or threatened act that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions.” Fla. Stat. § 415.102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse within the meaning of the Adult Protective Services Act as well as the guardianship statutes. Schiavo has failed to properly supervise the care provided by Hospice as is most recently illustrated by the fact that someone turned the thermostat in her room down to 64 degrees.[6]/
22. “Neglect” means the failure to provide care, supervision and services necessary to maintain the physical and mental heath of the vulnerable adult, including, but not limited to, medicine and medical services that a prudent person would consider essential to the well-being of a vulnerable adult. Fla. Stat. §415.102 (15)(2002). It further means the failure to make a reasonable effort to protect a vulnerable adult from the abuse, neglect or exploitation of others. Id. Schiavo has neglected Terri by failing to meet the essential requirements for Terri’s physical health and safety and by failing to develop her abilities and by medically sequestering her. He has scheduled insufficient physician’s attention for Terri who is prone to potentially lethal urinary tract infections. He has provided no speech, cognitive, physical or other rehabilitative therapy and has prevented caregivers from doing so.
23. Schiavo has year after year provided professional medical treatment to Terri that he describes in his annual reports as: “None.” Abuse of His Powers - Fla. Stat. § 744.474 (2)
24. The failures of Schiavo to discharge his duties as alleged above are not merely acts of omission; they are acts of commission that constitute an abuse of power, as well. Schiavo’s approach to his guardianship role is part of an overall scheme designed to serve solely the interests of Schiavo at Terri’s expense.
25. This scheme of abuse, neglect and exploitation includes the provision of certain care and testimony prior to receipt of a substantial medical malpractice award in early 1993, all of which was designed to cast Schiavo in the role of the loving, devoted husband who would spare no expense to see to the medical and rehabilitative needs of his wife for a long, full lifetime.[7]/
26. After receipt of the award, Schiavo’s conduct includes every attempt to facilitate the death of Terri before the money ran out.[8]/
27. Schiavo’s attempts to increase Terri’s disability continue, in that Terri has been isolated, information has been withheld from her loved ones, she has been denied basic health and rehabilitative services, her dental, gynecological, and orthopaedic care have been neglected, and her attending physician’s visits have been reduced to only three a year, if that. The reduction in the attention of a physician, under Schiavo’s direction, is particularly insidious because Terri is prone to urinary tract infections, but no medical precautions are taken to identify such infections at an early stage.
28. Indeed, according to Dr. Gambone, her treating physician, no medical attention is provided for such a dangerous infection unless Terri manages to “convince” the nursing staff to call the doctor, a difficult task for one who has received no rehabilitation to enhance her communicative skills.
29. A guardian may exercise only those rights that have been removed from the ward and delegated to the guardian. Fla. Stat. § 744.361 (1) (2002). Nonetheless, Schiavo has abused his position as guardian by directing her caregivers and physicians to deprive her of rights that are retained by Terri under Fla. Stat. § 744.3215, including the right to receive necessary services, rehabilitation and the companionship of others.
The Wasting, Embezzlement, or Other Mismanagement of the Ward’s Property and the Improper Management of the Ward’s Assets - Fla. Stat. §§ 744.474 (7) and 744.474 (16)
30. The management of the ward’s assets has largely been kept a secret and is protected by seal of this court. Nonetheless, what is revealed in this record is that while exhausting Terri’s money for the purpose of killing her, not one red cent could be found by Schiavo to enhance the quality of her life after receipt of the malpractice award. The use of almost $500,000 of guardianship funds for attorney’s fees and costs and the expenditure of nothing for therapy that would reduce the pain of contractures, enhance Terri’s ability to swallow, or facilitate recovery of basic abilities is the grossest form of asset mismanagement.
31. Schiavo’s decision to hold Terri at Hospice after it was clear that she was not “terminal” within Medicare guidelines was an improper use of the ward’s assets.[9]/ Terri’s attending physician, Dr. Victor Gambone, agreed at the evidentiary hearing before this Court in October, 2002, that Terri is not terminal and is not in any sort of crisis.
Development of a Conflict of Interest Between the Ward and the Guardian - §744.474 (11)
32. Serious conflicts of interest have arisen since the appointment of Schiavo as guardian. This guardian is not independent and impartial as required by Fla. Stat. § 744.446 (1), and Schiavo has used his fiduciary relationship to advance his private gain at the expense of Terri’s life. Schiavo admitted in his petition to withhold Terri’s food and hydration, dated May 8, 1998, that he will inherit the Ward’s estate and further admitted the likelihood that he would remarry.[10]
33. This is more than a likelihood now. Schiavo has moved in with his mistress and fathered her baby. The Second District Court of Appeal noted in this case that “there may be occasions when an inheritance could be a reason to question a surrogate’s ability to make an objective decision.” In re Schiavo, 780 So.2d 176, (Fla. 2d DCA 2001)(“Schiavo I”). There is now more than an inheritance at stake: a baby will continue to be denied a legally- recognized father every day that Terri lives.
34. Schiavo has repeatedly claimed that divorce will never be an option for him. This leaves only one option for his life plans: Terri’s death.
35. The conflict of interest arising from the fact that Schiavo will inherit Terri’s estate has not decreased as the guardianship fund has dwindled. There are other valuable assets of the estate, including Terri’s engagement and wedding rings that Schiavo has already appropriated to his own use by making jewelry for himself.[11]/
36. Schiavo’s recent involvement in the promotion of his counsel’s book raises Schiavo’s interest in Terri’s image and likeness which he has vigorously sought to preserve for her estate in the guise of protecting her privacy from unwanted intrusion but which may, instead, be groundwork to use her image and likeness for commercial gain after her death.
37. Furthermore, divorce may not be an attractive option for Schiavo, given the likelihood that he would be ordered to pay permanent alimony to help defray the cost of Terri’s care.
38. Testimony given during the October, 2002, evidentiary hearing in this case raises a question concerning the unexplained cause for Terri’s extraordinarily rigid neck, first noted when she presented at the emergency room after her collapse in February, 1990. This, together with a 1991 bone scan report that refers to a history of trauma, creates the need to further investigate the cause of the original injury, her care in the interim, and the effect of these injuries on the current diagnosis and prognosis for recovery.
39. Because Schiavo was alone with Terri at the time of the original injury and has been responsible for her care in the interim and in most cases has been the sole source of information about Terri’s history for her caregivers, there is an obvious and impermissible conflict of interest demonstrated by this failure to investigate these matters.
Guilt of an Offense Prohibited Under Fla. Stat. §§ 435.03 and 744.474 (12)
40. Schiavo’s record residence is a home that, according to his deposition testimony, he owns and lives in with his “girlfriend.” This is the same girlfriend who he admitted is the mother of his baby as discussed on the above-referenced national television program. This conduct is a violation of Fla. Stat. § 798.01, which makes living in open adultery a misdemeanor, and § 798.02, which similarly proscribes lewd and lascivious cohabitation.
41. Lewd and lascivious cohabitation is an offense prohibited under Fla. Stat. § 435.03, and Schiavo’s admissions to the requisite elements of this offense should be found to be guilt that disqualifies him as Terri’s guardian.[12]/
42. Furthermore, Schiavo’s abuse, neglect and/or exploitation of Terri, a vulnerable adult, should be found to be conduct prohibited by Fla. Stat. §§ 435.03 and 415.111.
Material Failure to Comply with the Guardianship Report - Fla. Stat. § 744.474(13)
43. The guardian is required by law to implement the guardianship plan. Fla. Stat. § 744.361 (4). As alleged herein, Schiavo has consistently failed to implement the guardianship plans in that he has committed to this court that Terri would receive necessary medical care and services when, in fact, such care and services have not been provided.
44. The most recent annual plan contains promised medical services and evaluations that are to obtained “without undue delay.” Nine months later, these things have not been accomplished.
Failure to Comply with the Rules For Timely Filing Guardianship Reports - Fla. Stat. §744.474 (14)
45. Throughout his tenure as guardian, Schiavo has repeatedly failed to comply with the rules for the timely filing of guardianship reports. Such reports have been either omitted or not filed on a timely basis, requiring the issuance of more than one order to show cause.
Failure to Fulfill the Guardianship Education Requirements - . §744.474 (15)
46. For over a decade, Schiavo flouted the guardian education requirements. His failure to receive the requisite education was an intentional act and did not arise from any ignorance of the requirement. This is further evidence that Schiavo has not taken his obligations to Terri seriously and is unsuitable as a guardian.
After Appointment, the Guardian Has Become a Disqualified Person as Set Forth in Fla. Stat. §§ 744.309 (3) and 744.474 (18)
47. Since his appointment as guardian, Schiavo has become a disqualified person within the meaning of Fla. Stat. § 744.309 (3), as set forth below.
48. Schiavo has demonstrated through repeated and gross failures to comply with the law that he is incapable of discharging the duties of guardian.
49. Schiavo is guilty of offenses prohibited under Fla. Stat. § 435.03.
50. Conflicts of interest exist which prevent Schiavo from being independent and impartial as required by Fla. Stat. § 744.446.
Other Violations under Florida Law against Terri Schiavo
744.3215 Rights of persons determined incapacitated.--
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(VIOLATED - Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered "NONE" as his plan of action.)
(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED - The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)
(c) To be restored to capacity at the earliest possible time.
(VIOLATED - Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(VIOLATED - deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law.)
(e) To have a qualified guardian.
(VIOLATED - her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward?s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)
(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(VIOLATED - Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company.)
(g) To be properly educated.
(VIOLATED - Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. She has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)
(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(VIOLATED - Terri?s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)
(i) To receive necessary services and rehabilitation.
(VIOLATED - Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)
(j) To be free from discrimination because of his or her incapacity.
(VIOLATED - Terri Schiavo has been denied due process in both the guardianship and federal courts.)
(k) To have access to the courts. (VIOLATED - See above.)
(l) To counsel. (VIOLATED - Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)
(m) To receive visitors and communicate with others.
(VIOLATED - Terri?s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court?s prior approval and on personal whim.)
(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(VIOLATED - Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)
(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397. (VIOLATED - Terri was admitted to a Hospice facility in 2000 without prior court approval and in violation of Federal laws pertaining to Hospice confinement qualifications.)
(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(VIOLATED - Terri Schiavo was subjected to experimental implant surgery in 1993 without prior court approval and without recommendation of her attending physician. Additionally, she was transported across state lines for said surgery. Additionally, follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward
Schiavo lives with his "girlfriend" – the mother of his child.
If there is any doubt as to how long Michael has been in violation of the guardian statutes---- this from:
http://www.highway2health.net/schiavo_bottom.htm
A Bucks County, Pennsylvania newspaper on July 2, 1997, reported Michael's mother's death, "survived by Michael and fiancee' Jodi" Centonze. There's no mention of his WIFE Terri. ...Sooooo JODI has been a FIANCEE since at least July 1997.
Its funny, how does one ask a woman to marry you, while still being married to another woman, and a court has already judged the wife has a life expectancy of 45 MORE years.
To your #281, might you also not add this?
The 2004 Florida Statutes
CHAPTER 776
JUSTIFIABLE USE OF FORCE
776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
History.--s. 13, ch. 74-383; s. 1188, ch. 97-102.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0776/ch0776.htm
"On the contrary....I wouldn't do this to my family....YOU would.
I'm not the selfish one here."
Okay, so you believe that it is SELFISH to want to LIVE if anyone is inconvenienced by my being alive?????
That's insanity!
Lots of people are "inconvenienced" by me!! The garbage men who have to lift my heavy garbage onto a truck. The mail carrier who has to walk up to my door to deliver my mail. If I become sick, should I wish to die rather than seek treatment, lest I "inconvenience" someone??
Those are paid nurses who care for Terri. Those are "volunteer" parents who love her and shower her with affection.
Have you actually thought this through? I can't believe you have.
You are selfish, because you have come to your opinion based on the fact that YOU do not want to care for someone else, if presented with the same situation.
You, in your current state of mind, can say, "I sure don't want to be burdened by someone incapable of caring for themselves."
You CANNOT, however, say with any certainty that you would CHOOSE to STARVE to death if you were mentally impaired, because you haven't been there.
--Judge Chris Altenbernd, ruling in Schindler v. Schiavo, Florida 2nd District Court of Appeals
Judges shouldn't be making such decisions. No one should be starved to death unless he or she has expressed written or oral consent to die rather than be kept alive through artificial means.
Allowing the courts to have such power opens the door to involuntary euthanasia.
Yes, there is still time.
Do me a favor? Don't ever pretend speak for me if I'm in that condition? Personally, I'd rather pass-on into Heaven than be kept alive via tubes shoved into me.
I often wonder how the people who sat on that malpractice jury feel about this whole thing? If it were me, I think I would feel like I've been taken for a fool.
This isn't euthanasia!
Do me a favor? Don't ever pretend speak for me if I'm in that condition? Personally, I'd rather pass-on into Heaven than be kept alive via tubes shoved into me.
Do me a favor? Do some research. She is not on tubes. She gets nourisment. Thats all. Now just so you know, I HATE ignorant people.
Would be really nice if she could be freed from the "husband" who wants her dead for purely selfish reasons - not because of what he claimed she said.
Just how many separated husbands do you know that still care for their wife after 10 years and while living with another woman and having 2 children by this other woman. Do you honestly believe that he still wants control because of Terry's wishes OR does he want control so that he can kill her, take whatever money and be free. Not free to live with another woman but free of a woman who, if rehabilitated, could possibly explain how she met with her accident.
But, some would rather allow the government to get rid of unproductive people who cannot defend themselves and looks like those just won.
Wonder if these people will feel the same when they are that unproductive person who cannot speak for themselves while others are deciding to starve them to death slowly and painfully?
"Heartbreaking!"
Yes.
Tubes, yes, as in life support. Terri isn't on life support. She just needs a feeding tube. there are many other in this world that require one besides Terri.
Nope. I'm not a member of the Florida bar. But given that you have enough confidence in your understanding of legal matters to accuse the governor of murder, I don't know why you're asking me for advice.
Question...if you had a stroke but could improve with rehab, you'd rather die?
You seem to have misunderstood the opinion you quoted. The disagreement is not about whether Terri should live. The disagreement is about whether Terri expressed her firm desire not to be kept alive using artificial means.
You probably disagree with the facts of the case, but you seem to agree with the legal reasoning of quoted judge:
In circumstances such as these, when families cannot agree, the law has opened the doors of the circuit courts to permit trial judges to serve as surrogates or proxies to make decisions about life-prolonging measures.The Schindlers say that Terri never expressed her desire to be disconnected from artificial feeding tubes. The Schiavos say that Terri did express her desire to be disconnected from the artificial feeding tubes.
When there is disagreement among family members, then the courts decide. Unless, of course, the Schindlers had decided to negotiate a private compromise with the Schiavos.
I do know the difference in private bills and bills of attainder. I read last week that Congress was passing a private bill, but I don't recall the details. Private bills are not bills of attainder, which is legislative punishment for a crime and expressly forbidden at the national and state levels by the Constitution. Private bills address one or a few instances where bureaucracies have denied relief.
Then you should know that "Terri's Law" was not considered a private bill by the Florida Supreme Court, and the SCOTUS left the SCOFLA decision to stand.
There has been plenty of medical opinion that Terri can improve and also that she is not PVS. For some reason Greer has consistently given the husband and his attorney whatever they ask for.
Greer wouldn't even place the husband in contempt of court for failing more than twice (could be 3 times) to give deposition to the opposing attorneys.
Greer hasn't made the 'husband' comply with guardianship regulations either.
If you let your kid's dental health slide and they had to have 5 teeth pulled due to lack of care, what do you think would happen? Social services would be on our back big time!
But it's ok for Terri's teeth to rot out due to MS not fulfilling his responsibilities. There is over a year's worth of threads and research into different aspects of this case.
Pc93 has info that ought to be getting some people fired or in jail and nothing is being done about it.
I just read on the Terri January Daily thread that Jeb Bush is throwing in the towel. Looks like we have to GO NATIONAL. We were prepared for Jeb abandoning Terri for the "rule of law" which doesn't exist here in Florida anyway.
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