Terri Schiavo's parents ask judge to let her divorce husband

The Miami Herald ^ | 2-28-05 | VICKIE CHACHERE

[TAdams8591]

VICKIE CHACHERE

Associated Press

TAMPA, Fla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband - in either life or death - in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.

The filing was one of a flurry of 15 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.

Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.

David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday - but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland........

Terri Schiavo's parents ask judge to let her divorce husband

[Shethink13]

That's correct TAdams....he didn't even use Terri's name...just said "I don’t want anyone trying to feed that girl"

Good Lord! I think we need to just get a posse together and get that poor woman out of this country, or at least out of Florida.

[TAdams8591]

Kinda reminds me of "That woman (Monica lewinsky)."

[GatorGirl]

There is no common law marriage in Florida.

However, an incapacitated person can get a divorce, the catch is that their guardian must file it or defend it, and in this case, it's the person who would rather kill her than divorce her.

The conflict of interest created by her husband serving as her guardian while living and procreating with another woman (i.e. committing adultery) is mind-boggling. That is probably the most frustrating aspect of this case.

If Judge Greer had kept it clean and assigned a "neutral" guardian for Terri, I think more of us would be satisfied with the result, whatever it is. As it stands, this case is wrong on so many levels!

[TAdams8591]

"They also knew Terri may have wanted a divorce–and mentioned that to her brother, her friends, and her mother about a month before her collapse. Glancing at Bob, Mary said Terri would never have told her father."

"She just said, ‘Michael and I are really having some problems and I’m really not happy,’" recalled Mary, who admitted: "Dummy me, with my Catholic upbringing and all, I said, ‘honey, maybe just try to work things out.’"

All the above witnesses who could provide hearsay evidence that Terri wanted a DIVORCE from Michael.

[GatorGirl]

All states have adopted no fault, but the Petitioner can also plead whatever grounds they see fit. Either way, you get your divorce, it's just no fault makes it easier. Which is actually in Terri's favor!!

It's not exactly called "divorce by proxy" but an incapacitated person can indeed be divorced and no power of attorney is required.

[Deo volente]

"making up things out of whole cloth"?

Sadly, it's reality.

You need to learn about this man Michael Schiavo. You're way behind the learning curve.
If you read fast, maybe you can catch up to the facts of the case.

I'd excerpt the relevant part, but the Empire Journal won't let me. I'm sure you can find it.

Have a good read.

http://www.theempirejournal.com/021505_pattern_of_domestic_abuse.htm

[Poohbah]

It's not exactly called "divorce by proxy" but an incapacitated person can indeed be divorced and no power of attorney is required.

The problem is that the divorce must be requested by the spouse. Michael Schiavo isn't doing so.

[supercat]

The problem is that the divorce must be requested by the spouse. Michael Schiavo isn't doing so.

They can also be requested by a guardian. Unfortunately, Terri's only guardian at moment has a major conflict of interest that prevents him from filing a divorce even though one would certainly be in Terri's interest.

[DJ MacWoW]

Her heart never stopped. In the last 2 days, I read the report of the EMT online but I can't find it now. I've been on 3 different computers in the last 2 days. When I find it again, I'll post the link.

The report gave the EMTs name and it said she was having trouble breathing but her heart was ok.

I'll keep looking. Promise.

[Halls]

Lugsol, Again you need to learn the facts. Medicaid has been paying for Terri's care, not Michael Schiavo!

[DJ MacWoW]

Source

Judge Greer's response when he learned of the feeding attempt: “I don’t want anyone trying to feed that girl”, Greer thundered from the bench in 2001. Greer’s statement, “the law of the case is that she is going to die”, is part of the court record.

[spiralsue]

There is just as much evidence that Terri would want a divorce... she might have said it to her friend, you know the one, the one who tried to warn her to stay away from home that night. Her so-called desire not to be kept alive this way that MS insists is true is just as true as Terri's desire not to be kept married to a cheating adulterous husband. It not because we want it to come out that way, it is because it would be right for it to come out that way. Yeah, outcome based justice - justice being the outcome.

[HiTech RedNeck]

Yeah, spoon feeding verboten, since you know... she might DIE?!?!?

[Melas]

Thanks, I appreciate any corrections. My understanding was that she suffered accute brain damage due to oxygen deprivation.

[GatorGirl]

Right, but it can be done, which was not your point before. And the only "grounds" for divorce (more properly, dissolution of marriage) in Florida is........Mental Incapacity!!!

Why won't this evil man just divorce her and let her go with her parents if they are willing to take care of her instead of killing her?

That is why so many are upset. They want her and she doesn't.

[GatorGirl]

sorry..."he" doesn't. My eye caught the error right before I posted it!

[Poohbah]

There is just as much evidence that Terri would want a divorce... she might have said it to her friend, you know the one, the one who tried to warn her to stay away from home that night.

However, it is entirely speculative. Michael Schiavo has one commanding position under the law: he is Terri Schiavo's guardian, with power of attorney. Terri's parents have utterly failed in their quest to impeach Michael Schiavo's role as her guardian. For all intents and purposes, Michael Schiavo legally is Terri Schiavo, and is treated as if he were Terri Schiavo when he speaks in court. The witnesses saying that she intended to divorce him do not have that status.

[DJ MacWoW]

My understanding was that she suffered accute brain damage due to oxygen deprivation.

That was my understanding also. I believe I read it was 8 to 10 minutes but I have to find that link too. :groan: What was never clear was why she wasn't breathing correctly and was making gurgling noises.

[CHARLITE]

"The more Greer says "no", the more he looks like a cereal killer.

????????Did you intend to say "cereal killer?"????

Serial killer? (:

[nicmarlo]

Pat Anderson is quoted as saying:

"This Court is aware the removal of the feeding tube is a separate act - in this case carried out pursuant to court order - distinct from the withholding of food and water thereafter. The later was not ordered by the Court but by Michael Schiavo." (Attorney Patricia Fields Anderson, Esq., Fla. Bar. No. 35287; SPN 00239201, In Re: The Guardianship of Theresa Schiavo, Incapacitated, Schiavo vs. Schindler, File No.: 90-2908GD-003, 6th Circuit Court, Pinellas County , Fla. Probate Division, Brief served on 29 October 2003)

Judge Greer presides over this case. It is he who is permitting Michael Schiavo to break the law without fear of repercussions. Who ordered the police officers to "stand guard" outside the hospice while Terri was being illegally denied food and drink by mouth? Was it Michael? By whose authority? Certainly not Florida law.

825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.--

(1)  "Abuse of an elderly person or disabled adult" means:

(a)  Intentional infliction of physical or psychological
     injury upon an elderly person or disabled adult;

(b)  An intentional act that could reasonably be expected to
     result in physical or psychological injury to an
     elderly person or disabled adult; or

(c)  Active encouragement of any person to commit an act
     that results or could reasonably be expected to result
     in physical or psychological injury to an elderly
     person or disabled adult.

A person who knowingly or willfully abuses an elderly person
or disabled adult without causing great bodily harm,
permanent disability, or permanent disfigurement to the
elderly person or disabled adult commits a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

(2)  "Aggravated abuse of an elderly person or disabled
     adult" occurs when a person:

(a)  Commits aggravated battery on an elderly person or
     disabled adult;

(b)  Willfully tortures, maliciously punishes, or willfully
     and unlawfully cages, an elderly person or disabled
     adult; or

(c)  Knowingly or willfully abuses an elderly person or
     disabled adult and in so doing causes great bodily
     harm, permanent disability, or permanent disfigurement
     to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person
or disabled adult commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(3)(a)  "Neglect of an elderly person or disabled adult"
        means:

1.  A caregiver's failure or omission to provide an elderly
    person or disabled adult with the care, supervision, and
    services necessary to maintain the elderly person's or
    disabled adult's physical and mental health, including,
    but not limited to, food, nutrition, clothing, shelter,
    supervision, medicine, and medical services that a
    prudent person would consider essential for the
    well-being of the elderly person or disabled adult; or

2.  A caregiver's failure to make a reasonable effort to
    protect an elderly person or disabled adult from abuse,
    neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based
on repeated conduct or on a single incident or omission that
results in, or could reasonably be expected to result in,
serious physical or psychological injury, or a substantial
risk of death, to an elderly person or disabled adult.

(b)  A person who willfully or by culpable negligence
     neglects an elderly person or disabled adult and in so
     doing causes great bodily harm, permanent disability,
     or permanent disfigurement to the elderly person or
     disabled adult commits a felony of the second degree,
     punishable as provided in s. 775.082, s. 775.083, or s.
     775.084.

(c)  A person who willfully or by culpable negligence
     neglects an elderly person or disabled adult without
     causing great bodily harm, permanent disability, or
     permanent disfigurement to the elderly person or
     disabled adult commits a felony of the third degree,
     punishable as provided in s. 775.082, s. 775.083, or
     s. 775.084.