Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[Beach_Babe]

I just received this note in an email along with the Sun-Sentinel story. Maybe some more good news....

If Pat Anderson can depose Michael, that should be very interesting! He will have to account for his lies. Pat asked Judge Greer to recuse himself because a woman came forward to swear that the judge had discussed the case with her.

[Aliska]

I just wonder if there is any legal requirement to spend lawsuit money a particular way if it was awarded for the care of someone versus money won just for damages.

I don't know what the jury in the malpractice award stipulated, if anything, but the guardianship laws would apply to disbursement of the settlement money.

With regard to what I said in an earlier post. My guess is that they projected a normal lifespan to get the maximum award possible. If they didn't expect her to live very long, she wouldn't need as much for her care. Just a thought.

[Saundra Duffy]

If MS had been successful in starving Terri to death, there'd be a parade of people thinking they could get away with the same thing. For example, Barbra Streisand and her groupies suing to withhold food and water from Ronald Reagan. How's that?

[Wampus SC]

"Yes, but Bush and the legislature weren't looking down Greer's shoulder then.

And neither were several talk shows, dozens of websites, hundreds of Freepers digging up facts and hidden dirt, and millions of angry Americans. I envision Greer having that "deer in the headlights" these days.

Gotta keep the pressure on.

[sweetliberty]

Well, there is a fairly well laid out set of legal issues that has been submitted to the Attorney General's office with a request to address them. We may not hear anything for awhile on that front.....or, I just had the thought that just perhaps Judge Greer has some inside information that would indict Michael on criminal charges, and just maybe changing course in effect is using Michael to chum the waters to throw the sharks off his own scent. Just speculating on possibilities. If he did have inside information to that effect, it would really be foolish for him to do otherwise, if you think about it, whether he was dirty or not.

[FITZ]

I wonder if it's legal for a guardian to rob the ward or if anything goes? Would a guardian ever have to show that he used the ward's assets only for the ward? What would happen if Michael gave $300,000 of Terri's $700,000 to her so-called lawyer who wanted to deny her medical care, and $100,000 was spent on her care ---- but $300,000 was given over to the mistress? Would that be legal?

[fiesti]

How is Jeb now handling the situation in your estimation? Do you think there is a lot of back-door machinations going on legally here?


In my own opinion I think there just might be. Attorney General could look and investigate the whole thing. I would think be best served by all seedly participants to "give it up " Michael divorce Terri and go on with your life and the Schlinders have custody...Felos quietly slip into the toilet and pull handle

[Graymatter]

>>What if he has actually hidden some of Terri's lawsuit award money in his lover's name?...

Money crimes. A bother to prosecute, and he has had the judge behind him so often, that to prosecute him would likely draw a judge or two into the net. Prosecutor won't want that kind of messiness.

The Schindlers...maybe they'd like to go after him, financially. Surely they'd have grounds. But would they? It's time-consuming and expensive, and there's that Old Boy Network protecting the judge that protected Michael. Who'll bury his assets, there's lots of ways to do that.

No, I really think this is not about the money anymore. He's not worried about poverty, he's worried about prison. Inspection of those medical records, examinations of Terri, possible recovery of the power of speech. That's the stuff of his nightmares.

[sweetliberty]

Here are a couple of the links I was looking for:

Continuation for Request of Intervention on behalf of Terri Schiavo

Agency to probe alleged spousal abuse of Terri Schiavo

[slym]

Please freep this poll for Terri:

http://www.wftv.com/news/2614426/detail.html


I just hit the "NO" button to freep the poll for Terri...
Results - - we are ahead by 56%.

Come on Freepers. We can do it! Let's get this number to 60%... 70%... 80%...

Please take 3 seconds of your time to vote against Michael Schiavo and for Terri and her loving family.

[pollywog]

Does anyone know where the case is at in this investigation??

Agency to probe alleged spousal abuse of Terri Schiavo

[FITZ]

It sounds like the Schindlers just want Michael to go away ---- and I don't see why he doesn't just do that since he has an illegitimate family on the side and those kids need his attention. I have a feeling he may also be trying to hide how much of Terri's money he has taken and used for other purposes --- if she lives, he might have to account for how it was spent but if she dies, then he would inherit everything and if it's in the lover's name, he'd be okay. Plus the fact that with therapy, she might be able to communicate some things he wants kept silent.

[sweetliberty]

"Does anyone know where the case is at in this investigation??"

No idea, but I'd be willing to bet they're on it like white on rice. In fact, I'm sure that there is a great deal going on in Florida right now behind the scenes. What we see are fragments and outcomes.

[supercat]

(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction.

I think the problem is that almost nobody is prosecuted under that statute, and indeed nobody would stand for widespread prosecutions under that statute. On the other hand, despite the Supreme Court's decision in Lawrence v. Texas, it would seem prosecution in this case might be justifiable:

• Lawrence v. Texas dealt with private behavior which had apparently only come to the police's attention due to circumstances which were not reasonably foreseeable. Michael's behavior here, and evidence of it, is very public.
• Although cohabitation among unmarried people is common, jury would probably find that certain aspects Michael's behavior went far beyond even today's moral standards.

If a speed limit is 40mph, the fact that cops routinely ignore cars going 50mph may be grounds for overturning a ticket issued for going 41mph, but would hardly be grounds for overturning one issued for going 90mph.

[texastoo]

I was surprised that the doctors would remove a feeding tube against the husband's wishes.

However, do you recall last year the little illegal alien girl that received 2 heart transplants at Duke University hospital? The doctors removed her from life support, a ventilator, against the mothers wishes. She had a flat electroencephalagram. That was national news so it was legal. A feeding tube is not life support.

[Ohioan from Florida]

A blind man could see the conflict.

Funny you should mention this, since Greer is legally blind. Let's hope he really can see the conflict when this is argued in the courtroom.

[supercat]

Felos makes a mistake, then blames it on Jeb.

Actually, I don't think it was a mistake. I think Felos was hoping to get a more favorable judge in Pinellas County.

Of course, Jeb's move here really shows that turnabout is fair play, since the one significant trial-court victory the Schindlers had gotton prior to Wednesday was overturned because they had brought it in a venue other than Pinellas County in an effort to escape Judge Greer.

[atruelady]

Everyone keeps forgetting that their are legal MARITAL assets that Terri is entitled to. Everyhthing that SOB bought the tramp of his and his kids is half Terri's.

[Ohioan from Florida]

For those who haven't experienced it, "rehab" is not a very evocative word. It may call up images of walkers and canes and basket weaving--a lot of easy- does-it. For stroke survivors, it means a huge, basic, frustrating curriculum. The course on Eating, for example is marked by such sub-courses as Picking Up a Spoon; Putting the Food in Your Mouth Instead of Your Eye; Chewing; and Swallowing. The advanced course in Walking involves under grad classes in Picking Up the Left Foot; Putting the Left Foot Down; Picking Up the Right Foot..... The course on dressing includes such basics as Putting the Left Hand Into a Sleeve and the more advanced Tying Your Shoes.

I love your course descriptions, and it's so true! I've had a couple of those advanced classes myself! Frustrating but eventually paid off.

[atruelady]

Yes, but he is still married to Terri. She owns at least half of what he has. There can be an accounting/audit of EVERYTHING. It won't be that hard. Somewhere there is a link to show how the tramp Jodi got a house in her name. Did she earn it? Was it her money? Of course not. There is a way to trace it, and it is not that hard. Because Schiavo denied Terri her right to not only her own money award but marital assets as well, had her in a hospice (illegally) and used medicaid to pay the bills even though there was sufficient funds to do so, I see jail time for him as well as him having to give Terri almost everything including that house that his whore is living in. You will see. That murderous SOB and his sicko lawyer have bit off more than they can chew. If the girlfriend helped him hide assets, she could face jail too. I hope her rotten mother will be able to care for her kids. The best she is going to get is child support payments. Schiavo paid for the life she is living at the expense of abandoning his wife and taking everything they own while trying to sweep her under the carpet. Schiavo, his family, the whore and the whore's family, and the "attorney" have earned places in hell for what they have done to this poor defenseless woman and her family.