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.

[Aliska]

The petition to remove guardian is here

The statute number should be in there. If what is given is insufficient, you may be able to find the info online. It was posted several days ago on one of the terri threads. With the number, you might be able to find it with google.

[PeyersPatches]

They even operated on her without enough anesthetic and she felt it all!

---

I heard her say that. I cannot imagine the excruitating agony that this woman had to endure.

[pollywog]

It is almost certainly not Judge Greer's words verbatum. It's somebody's interpretation of what Judge Greer said. As to how closely it resembles what he actually said, I have no idea.

On what basis do you draw the conclusion that the Judge wouldn't have said this??

[Theodore R.]

George W. Greer has been quiet as a mouse since the tube was reinserted. Let's hope he is afraid to proceed with the starvation/dehydration. Maybe even arrogant judges will stray only so far before they back down. Still, the evidence against Schiavo was as damning years ago when Greer sided with him as it is today.

[krunkygirl]

"Amen" to all of that!

[Aliska]

It's also in this FreeRepublic post by texgal

[supercat]

On what basis do you draw the conclusion that the Judge wouldn't have said this??

Perhaps I was being a little strong, but (1) the original context in which it was quoted suggested it was more likely a paraphrase than an exact quotation; (2) the use of #1 and #2 obscures whatever real words would have been used there, and is more typically a written construct than a spoken one [unless they represent "first" and "second"]; (3) the sentence was long enough, and not--to my knowledge--repeated, indicating that unless someone had immediate access to the stenotype or a recording (bearing in mind that many courts forbid people from bringing in recorders) it's likely the wording would be inexact.

[krunkygirl]

I saw that segment: powerful testimony to why Terri must live!

[supercat]

Still, the evidence against Schiavo was as damning years ago when Greer sided with him as it is today.

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

[honeygrl]

"I am really tired of this whole Terri soap opera."

Then why bother clicking this thread?

[TheOtherOne]

Thanks for the links.

Sorry to say, but I think you were wrong supercat. There is nothing that says a guardian can't have sexual relations or cohabitate with another person.

[msmagoo]

Sounds like Greer is feeling some heat from the glare of publicity, doesn't it?

[Aliska]

Someone posted something about lewd and lascivious which was questioned and clarified within the purview of this case. I can't find the post now and I tried google advanced search.

[longtermmemmory]

Sounds like the judge told him what he needs to hear in order to dismiss the parents suits. He can't dismiss outright so he just gave the husband a roadmap.

1. Explain that you have provided medical care and 2. explain how the additional woman does not provide a conflict, probably with her testimony.

THEN I can dismiss their claims.

[atruelady]

We should all send Greer a nice e-mail. I am going to send him one thanking him for looking at the case and that all anyone wants to see is Terri getting a chance FOR ONCE at proper medical care.

[editor-surveyor]

"I agree with that, but keep in mind that there was a senate bill on the table today and yesterday that would delete that as a disqualifier. I haven't heard how that went. Curious that it is out there NOW though, don't you think?"

This is not necessarily about Terri. This part of the 'Gay Rights' agenda, and that wording will definately prevent one homo from being the 'guardian' of his lover. That is what I think it's about. Florida has the highest percentage of gays in the U.S.

[atruelady]

WRONG WRONG WRONG!

In having this relationship and children with this "person", HINO has nullified is ability to
follow the COURTS and LAWS of what one MUST DO
to comply with being a proper guardian. He has clearly put the tramp and her illigitimate kids before his wife and he has used marital assets that Terri is entitled to in supporting this woman. He figures if Terri dies, it will no longer matter to anyone. I hope the little slut he is with isn't making any plans. She is hideous. She has a profile on Classmates.com. Jodi Centonze from Pinellas Park High, graduated 1983. Schiavo has obviously hidden assets to be able to keep Terri in the hospice with Medicaid payments. There is a trust fund for her medical care. Who in the Florida Medicaid system is going to look into this?

[longtermmemmory]

Oddly enough, it might meet the standard of suggesting predetermination which would suggest grounds for removal.

Upon filing the motion sworn to pay the party, the judge has to respond by stating that he is or is not biased in that respect. If a judge recuses himself it opens up all rulings which the judge made for review.

Remember in FL, the judical rules of conduct say that the appearance of impropriety my in and of itself be a violation.

[sweetliberty]

"Can you tell me what section it is,"

It has been posted several times, but I don't recall right off where it is. If I run across it I will ping you. I believe it was Ethan who found it. FL_Engineer may remember.

Here's the link to the Florida statutes on guardianship. You can look through them yourself.

[PeyersPatches]

Sweetliberty, Thank you for all the work you are doing to keep Terri's Troopers informed! :)