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Terri Schiavo's parents ask judge to let her divorce husband
The Miami Herald ^ | 2-28-05 | VICKIE CHACHERE

Posted on 02/28/2005 1:47:24 PM PST by 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

(Excerpt) Read more at miami.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Florida
KEYWORDS: davidgibbs; divorcemichaelyeah; feedingtube; judgegreer; michaelschiavo; schiavo; terrischiavo; terrisfight; walkawaymichael
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To: Deo volente
"When the Schindler’s said they finally got access to Terri’s medical records, they discovered she had a neck injury consistent with strangulation, they said a doctor told them. Mary admitted she remembered having seen an unusual number of bruises on her daughter’s arms and thighs–and wondered about them."

Also, the above bone scan, taken in 1991 (the Schindlers didn't find out about it until 2003) revealed many broken bones.

Thank you for posting that article. It's excellent.

321 posted on 02/28/2005 5:16:08 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Shethink13

Yep, the wonderful Judge Greer has also ruled that she cannot be orally fed as well.


322 posted on 02/28/2005 5:18:51 PM PST by Halls
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To: nicmarlo

Why would water not be considered 'pallative care' for a patient who is suffering from dehydration?


323 posted on 02/28/2005 5:19:26 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: Halls

Because she might choke and die. Amazing!


324 posted on 02/28/2005 5:21:04 PM PST by GatorGirl
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To: supercat

Because Judge Greer said Terri doesn't get any nourishment via tube; and because he gave Michael Schaivo sole decision-making in Terri's medical care; and because Michael Schavio decided Terri doesn't get any real food or water, and because Judge Greer said he doesn't want "anybody trying to feed that girl."


325 posted on 02/28/2005 5:22:26 PM PST by nicmarlo
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To: supercat

And mostly because, so far, Judge Greer and Michael Schaivo are above the law.


326 posted on 02/28/2005 5:23:01 PM PST by nicmarlo
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To: TAdams8591
Kinda reminds me of "That woman (Monica lewinsky)."

It does, doesn't it?

327 posted on 02/28/2005 5:24:51 PM PST by nicmarlo
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To: Shethink13
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.

Wish that could happen.

328 posted on 02/28/2005 5:25:19 PM PST by nicmarlo
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To: TAdams8591
It's perfectly plausible to envision Terri watching a movie, or TV show and uttering, "If you ever do anything like that to me, I'll divorce you!" or "If my husband ever does anything like that to me, I want a divorce."

Heck, my wife says that stuff about cheating husbands all the time. Well, actually, she says she'd kill me, but the effect is the same...;-)

329 posted on 02/28/2005 5:28:11 PM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: GatorGirl
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.

Could a "Friends of the Court" brief be filed on behalf of Terri, petitioning the court for an immediate divorce?

330 posted on 02/28/2005 5:28:47 PM PST by CHARLITE (glad to see lib Dem rats on sinking ship, unable to disembark)
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To: Melas
Still can't find the EMTs report but I found this and there's more at the link: Source

Baden explained to host Greta van Susteren it was unlikely for a woman of Terri's age at the time to have a potassium imbalance, unless she had certain types of diseases, which she didn't have.

"Too little potassium can cause the heart to stop beating properly and lead to lack of blood flow to the brain and death of brain cells by lack of oxygen, but that's very unusual, Greta, extremely unusual," he said.

That Terri's heart was healthy would rule out the likelihood of cardiac arrest, he said.

"The reason she's in the state she's in is because there was a period of time, maybe five minutes or eight minutes, when not enough oxygen was going to her brain," said Baden. "That can happen because the heart stops for 5 or 8 minutes, but she had a healthy heart, from what we can see."

Baden said he studied a bone scan made in March 1991 at a rehabilitation facility that describes her as having a head injury: "That's why she's there, that's why she's getting a bone scan."

"A head injury can cause, can lead to the vegetative state that Ms. Schiavo is in now," he continued, adding the scan showed evidence of other injuries, bone fractures.

Van Susteren asked if he were suggesting a potassium imbalance caused a fall that led to a head injury, or perhaps some "pre-existing head injury [led] to her passing out."

"Something totally different," he answered. Because cardiac arrests triggered by low potassium are so rare, "the other issue is: Could it have been due to some other cause, which is raised by the family. [That] has to be looked at."

Baden said the injuries were caused by some kind of trauma. "The trauma can be from an auto accident, the trauma can be from some kind of beating that she obtained from somebody somewhere. It's something that should have been investigated in 1991 when those findings were fresh," and added, "Maybe they were. Maybe they were investigated by the police at that time."

331 posted on 02/28/2005 5:29:08 PM PST by DJ MacWoW ("Are you cops? FBI" bad guy, "I'm currently unemployed" Tony Almeida of 24)
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To: Halls

I need to learn the facts? Medicare won't be paying if he has a mil in the bank. Which is it?


332 posted on 02/28/2005 5:40:12 PM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: CHARLITE

It would be difficult. This is what the parents are apparently trying to do. There really is no provision for a "friend of the court" situation in the context of dissolution of marriage, and really, at the trial court level at all!

Poohbah is right because the person's guardian is the proper person to represent her interests in the divorce but unfortunately this guardian would rather kill her than divorce her.


333 posted on 02/28/2005 5:40:25 PM PST by GatorGirl
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To: Poohbah

Sorry Pooh, mentioned you in an earlier post and forgot to ping ya! Manners matter! ;-)


334 posted on 02/28/2005 5:41:12 PM PST by GatorGirl
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To: Poohbah

he doesn't have durable power of attorney does that make a difference?


335 posted on 02/28/2005 5:41:16 PM PST by pc93 (http://www.blogsforterri.com)
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To: pc93
he doesn't have durable power of attorney does that make a difference?

As the guardian, he has a presumptive power of attorney that is substantially identical to a durable power of attorney.

Knock him out of the guardian role, and appoint a new one, and Terri lives. But the problem is that no one's successfully impeached his position as guardian.

336 posted on 02/28/2005 5:42:56 PM PST by Poohbah ("Hee Haw" was supposed to be a television show, not a political movement.)
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To: GatorGirl
Poohbah is right because the person's guardian is the proper person to represent her interests in the divorce but unfortunately this guardian would rather kill her than divorce her.

And the parents have filed a petition in 2002 to remove Michael as guardian, but the Lord High Almighty Judge Greer won't let it move forward.

Worse, when the parents filed a different motion challenging Michael's authority to act as guardian pending the hearing, Judge Greer ruled that such a motion could only be brought by those with no other remedy at law. Since the parents filed a guardianship challenge, that was obviously a remedy at law that was available to them, and thus there was no need to allow them to challenge guardianship.

337 posted on 02/28/2005 5:43:51 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: DJ MacWoW

I'm in the "err on the side of life" crowd in this case, but wouldn't she have a major potassium imbalance if she was bulimic?


338 posted on 02/28/2005 5:44:13 PM PST by GatorGirl
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To: pc93

I know you asked Pooh, but he has been court appointed as her guardian and therefore doesn't need "durable power of attorney" which she would have had to voluntarily grant when she had the mental capacity to do so.


339 posted on 02/28/2005 5:45:26 PM PST by GatorGirl
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To: Poohbah

Exactly.

Do you know whether he has been complying with the required reporting and accounting procedures all these years?


340 posted on 02/28/2005 5:46:18 PM PST by GatorGirl
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