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Judge's error to save Terri Schiavo?
World Net Daily ^ | March 4, 2005 | World Net Daily

Posted on 03/04/2005 2:16:56 AM PST by ViLaLuz

Terri Schiavo is not hooked up to any machines, but she requires a small feeding tube for nourishment and hydration. In 2000, Greer ordered that the tube be removed, and last week, denying a motion for a further stay, gave the Schindlers until March 18 at 1 p.m. to appeal before the order is carried out.

At the 2000 trial, Greer, although initially finding Meyer's testimony 'believable,' concluded that the conversation could not have occurred in 1982, because he believed Quinlan died in 1976. At that time, Terri would have been only 11 or 12 years old and, therefore, would not have made her end-of-life wishes as an adult.

The new motion contends it was Greer who was mistaken and not Meyer, because Quinlan did not die until 1985, about 9 years after her court case ended and her respirator was removed.

None of the attorneys working on the Schiavo case in 2000 apparently noticed the mistake in dates, according to the Schindlers' attorney David Gibbs.

"No one told Judge Greer that Karen Ann Quinlan was alive in 1982, making it entirely appropriate for Diane and Terri to discuss her situation in the present tense," his firm said in a statement.

Gibbs said that if Greer's 2000 order authorizing husband Michael Schiavo to end his wife's life were a criminal death sentence, Terri Schiavo would be entitled to a new trial on the basis of a reversible error.

"Although Terri is not a criminal, she is still under a court-imposed death order, an order that is the equivalent of a death penalty," Gibbs said. "Therefore, we are asking Judge Greer to correct his mistake by either reversing his 2000 order or conducting a new trial."

As WorldNetDaily reported last week, Greer denied the Schindlers' motion for an indefinite stay to pursue medical tests that might prove their daughter could benefit from physical therapy.

Terri Schiavo collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Michael Schiavo contends his wife had an eating disorder, and the court agreed she is in a "persistent vegetative state," but her parents suspect he tried to strangle her, and insist that while mentally handicapped, she recognizes people and responds to stimuli.

The Schindlers want to get TV cameras in their daughter's room at the Woodside Hospice in Pinellas Park, Fla., where she lives, to document that she is not "comatose," as often has been reported. But Michael Schiavo keeps tight control of the vistors list and has barred filming and photographing.

The family's hopes also have been lifted by news that Florida's Department of Children and Families is launching an abuse probe. If neglect or abuse can be proved, the state can take over guardianship from Michael Schiavo.

The Schindlers have filed motions to remove their son-in-law as Terri's guardian, arguing he is her husband in name only and consistently has sought to withhold care and therapy. Michael Schiavo has been living for 10 years with fiance Jodi Centonze, with whom he has two children, and plans to marry her upon Terri's death.

Another option for the Schindlers is an appeal to the U.S. Supreme Court on religious liberty grounds, asserting Terri Schiavo's Catholic beliefs would be violated by invoking her "right to die."

Meanwhile, the National Right to Life Committee is calling on Congress to enact a bill to be introduced by Rep. Dave Weldon, R-Fla., that would give the Schindler family access to a federal court to argue for the life of their daughter.

"Congress can act to ensure a federal court hearing on whether or not Terri will die of starvation and dehydration," said Lori Kehoe, congressional liaison for NRLC's Robert Powell Center for Medical Ethics.

Kehoe said a proceeding known as the "writ of habeas corpus" been used to give a hearing to those whose liberty has been constrained by state courts in violation of the Constitution or federal laws.

Weldon plans to introduce the bill March 8.

"We call on all citizens to immediately contact their U.S. senators and representatives and urge them to support Representative Weldon's bill to amend the Habeas Corpus Act to allow its use when a state court orders denial of food or fluids in cases like Terri's," Kehoe said.


Court documents and other information are posted on the Schindler family website.

Links to all "Terri briefs" regarding the governor's defense of Terri's Law are on the Florida Supreme Court website, public information.

Recent stories:

Terri Schiavo backers hopeful

Judge Greer orders Terri's starvation

Terri Schiavo's life in balance again

Stay extended in Schiavo case

Clock running out for Terri Schiavo

U.S. Supreme Court refuses Schiavo case

Terri Schiavo saved again

Judge spares Terri Schiavo – for now

'Terri's Law' struck down

Florida high court hears 'Terri's Law'

Recent commentaries:

Supreme ignorance

A right to live ... not to be killed


Read WorldNetDaily's unparalleled, in-depth coverage of the life-and-death fight over Terri Schiavo.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; US: Florida
KEYWORDS: abuse; corrupt; death; euthanasia; greer; handicapped; judge; michael; schiavo; schindler; starvation; terri; terrischiavo
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To: ViLaLuz
Florida law allows for consideration of oral expressions of end-of-life wishes.

This really needs to be changed. Unless such a wish is expressed in the form of a witnessed, notarized written document, there is no way to validate it.

Anyone can step forward and say "Hey, I suddenly remembered that she said twenty years ago that she wouldn't want to live if she ever became unable to speak!" especially if that person stands to gain a lot of money by it. (Hmm--just like Michael Schiavo.)

21 posted on 03/04/2005 4:41:26 AM PST by exDemMom (Democrats must care deeply about the poor--they want so many of them!)
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To: Nitro
I wouldn't call that living.... but, who am I to decide?

You're right--you do not--or should not--be the one to decide whether someone else, an innocent person, lives or dies.

In regards to some of your later posts, where you are accusing us of wanting the taxpayers shoulder the "burden" of Terri's care, I wonder if you are aware that there are tens of thousands of people in this country who are in a condition similar to or worse than Terri's? As a society, we have already decided to provide these people with hospitals, doctors, nurses, teachers, and caretakers at taxpayer expense. They will never leave the hospital. With Terri, there is some hope of improvement with therapy, but the severely retarded CANNOT improve, although they are provided therapy on a constant basis. All, may I reiterate, at taxpayer expense.

The issue here is not just Terri. Our immediate goal is to protect her life, but, longterm, if we cannot save her, we're looking at a very real possibility of some people deciding that, since the severely retarded have no chance of recovery, we should implement a more permanent solution for them. Think of all the money we could save if every person who cannot take care of him or herself would just be euthanized? It doesn't even have to be humane euthanization--as Terri's case shows, any pain they might suffer is irrelevant, since we're talking about saving money here, not the importance of human life.

22 posted on 03/04/2005 4:56:19 AM PST by exDemMom (Democrats must care deeply about the poor--they want so many of them!)
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To: ViLaLuz

There's a good point here that is often overlooked. Typically in the past when someone said that would not want to be kept alive with heroic measures they most likely were thinking of being kept alive on a respirator while they were in a coma.

Being on a feeding tube is not quite the same thing and it's not necessarily what mean when most people think of as being kept alive with "heroic measures".


23 posted on 03/04/2005 5:23:22 AM PST by Sabatier
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To: ViLaLuz
Meanwhile, the National Right to Life Committee is calling on Congress to enact a bill to be introduced by Rep. Dave Weldon, R-Fla., that would give the Schindler family access to a federal court to argue for the life of their daughter.

Question: Who would be the possible federal judges who would rule if the bill passed the House and Senate???

24 posted on 03/04/2005 5:26:47 AM PST by mware
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To: marty60; Sandy

More than one doctor has stated that Terri's neck injury is consistent with that of someone who suffered strangulation. When the results of this bone scan were made known to MS, he did not report it to the authorities, neither did the doctor.

25 posted on 03/04/2005 5:28:58 AM PST by tutstar ( <{{---><Petition to Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: Russ7

http://freerepublic.com/focus/f-news/1007658/posts?page=110#110

Greta: Welcome, Dr. Baden,

Dr.Baden: Hi,

Greta: Dr. Baden, a potassium imbalance... lets first talk about... if you had a potassium deficiency, can that cause the condition that Terri Schiavo had?

Dr.Baden: Umm, CAN, but UNLIKELY.

Dr.Baden: Potassium is very interesting , its probably the most lethal poison we have when it is injected rapidly, and thats why its the poison that kills people in capital punisment by lethal injection.

Dr.Baden: And it stops the heart from beating properly. Too much of it. But also, too little of it, hypo-potassium, can also 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.

Greta: All right, would it, would it...

Dr.Baden: But thats very unusual Greta, extremely unusual.

Greta: A normal healthy woman, ahh, I assume would have no reason for instance, to take potassium supplements unless perhaps she was on a dieuretic, or had some other medication that would cause a potassium depetion. Is that right?

Dr.Baden: That is correct.

Greta: All right. Um, is there any explanation in your mind, and I realize you were not her treating physician, but why would a woman her age have a potassium, umm, imbalance?

Dr.Baden: Extremely unlikely..., unless she had certain kinds of diseases, which she doesn't have. She was in her 20's... the reason she is in the state she is in is because there was a period of time, maybe 5 minutes or 8 minutes when not enough oxygen was going to her brain. That can happen when the heart stops for 5 or 8 minutes, but she had a healthy heart from what we can see.

Dr.Baden: The other thing though...

Greta: (interrupting)

Dr.Baden: I'm sorry, Greta?

Greta: No, go ahead...

Dr.Baden: Your staff has provided me with a bone scan that you guys obtained... ummm, from her initial admission, in 1991 to the hospital. And that bone scan describes her as having a head injury.. thats why she's there..., thats why she's getting a bone scan. And a head injury can cause, umm, can lead to the vegetative state that Schiavo is in now,

Dr.Baden: ...and it does show evidence that there are OTHER injuries, other bone fractures, that are in the healing stage. So thats...

Greta: Alright, alright, let me back up for a second... head injuries... Could she have had, umm, could she have passed out from a potassium imbalance, causing you know, falling, hitting her head, head injury. Is that what you're talking about... or are you suggesting some sort of pre-existing injury to her passing out...

Dr.Baden: Something... something totally different. That its extremely rare, for a 20-year old to have a cardiac arrest, umm, from low potassium, who has no other diseases.

Dr.Baden: So the other issue, is could it have been due to some other cause? which is raised by the family, HAS to be looked at.

Greta: Alright, in the 20 seconds we have left... other injuries... bone injuries... what does that suggest to you?

Dr.Baden: That... some kind of trauma. The trauma could be from an auto accident, the trauma could be from a fall, OR the trauma could be from some kind of a BEATING that she obtained from somebody, somewhere.

Dr.Baden: Umm, its something that SHOULD have been investigated in 1991, when these findings were, ahh... found...

Greta: ...were fresh.

Dr.Baden: yes, And maybe they were. Maybe they were investigated by the police at that time.

Greta: Alright, thats it, Michael Baden, thank you

Dr.Baden: Thank you.


26 posted on 03/04/2005 5:38:23 AM PST by tutstar ( <{{---><Petition to Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: Nitro
I know this old lady, have known her for years. In her middle age, she used to regularly make the promise that when "her time was done" she'd head to Alaska and walk into the snow like the Inuits expect their old folks to do (or what she believed the Inuits do).

This was repeated to the point of tiresomeness. It was basically a demonstration for attn and self-pity.

Now she's truly old and requires a wheelchair and assistants--but she's now also truly rich. She flies First Class to Scott and White twice every year to go through a week of tests to monitor every little function to the nth degree, she counsels with a team of doctors and frets over all the smallest details. She has many chronic problems, and gathers a few more every year. Then she flies home to Vegas, and her life consists of watching nightclub shows and periodically making her family miserable with all her worries over her failing health and general disappointment with life and the people therein. She has no real relationship with any other human being, since she managed to get most of what would have been her grandchildren aborted, and alienated the grandchildren who survived.

People say one thing, and mean another. When you say, "I wouldn't want to live like that"-- be sure to write it down, so that your grateful relations can send you to Alaska.

27 posted on 03/04/2005 5:44:39 AM PST by Mamzelle
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To: The Other Harry

Bumping to self


28 posted on 03/04/2005 5:54:51 AM PST by The Other Harry
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To: Nitro

"You are right, life is a gift from God and should be jealously guarded at all costs!

but have you never returned a gift?"

Wouldn't it be more accurate to say, "Haven't you ever stolen someone else's gift from them?"


29 posted on 03/04/2005 6:01:19 AM PST by SerpentDove (This reply printed on 100% recycled electrons.)
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To: Nitro
what if God gives you a horrible disease?

I couldn't understand your point in the above post (which I exerpted). Perhaps I'm still just a bit groggy.

In Terri's case, from what I have read, it seems that there is a good chance that it wasn't God who gave Terri her current "disease". It may well have been Michael.

I suppose one can argue that God is behind everything that happens.

On the other hand, perhaps God gave us initiative and free will, and that we should use some of that to try to rescue her from that unspeakable judge.

30 posted on 03/04/2005 6:08:40 AM PST by The Other Harry
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To: ViLaLuz
Another option for the Schindlers is an appeal to the U.S. Supreme Court on religious liberty grounds, asserting Terri Schiavo's Catholic beliefs would be violated by invoking her "right to die."

How about appealing to the court on the same grounds that Justice Kennedy used RE: the recent death penalty case for 18 year olds. No evidence was ever submitted to establish what world opinion is on this matter, but the Vatican has weighed in on the issue. So, clearly the abundance of evidence to date is that she should not be killed.

In addition, if Terry's husband has been living with another woman for 10 years, is engaged to this other woman and has sired a family with her, then he has effectively terminated his marriage with Terry and is "Common Law" married to the other woman. He has effectively "divorced" Terry, and has is no longer in a position to speak for Terry.

I wonder what marriage vows he made when he Married Terry. If he has so publicly broken his vows or rejected his responsibilities to her, then he is in no position to complete the marriage bargain, in no position to speak for her interests, and in no position to speak for her will to live. He is certainly in no position to control how her finances are used to provide for her medical care.

31 posted on 03/04/2005 6:12:46 AM PST by ghostrider
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To: ViLaLuz

This has become a cottage industry.


32 posted on 03/04/2005 6:13:41 AM PST by verity (The Liberal Media is America's Enemy)
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To: Nitro

No and I have never torn a gift from someone else, trashed it to pieces, stomped on it or destroyed and claimed they said they never wanted the gift just cause I did not like the wrapping I picked out was changed by the maker.


33 posted on 03/04/2005 6:20:17 AM PST by lastchance
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To: ViLaLuz

Even the Kennedys kept Rosemary Kennedy alive in a coma for over 32 years until she died of natural causes in January 2005.


34 posted on 03/04/2005 6:27:05 AM PST by smartin
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To: Nitro

"I wouldn't call that living"

If you haven't watched the videos of Terri you might think about watching them. She is living the best she can under the circumstances.

If you watch them pay close attention to Terri's reaction when she sees her mother. It very nearly made me cry. She is more alive than the media will give her credit for.


35 posted on 03/04/2005 6:28:05 AM PST by melbell (A Freudian slip is when you mean one thing, and say your mother)
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To: tutstar
In 1991, the doctor's report describes the possibility that Terry could have had traumatic physical injuries. He says that other possibilities include neoplastic bone disease.

After 15 years, it may be possible to determine if the bone disease has progressed. If not, then that can be ruled out, and we are back to trauma option, which would justify a criminal investigation to determine if Terry was attacked.

36 posted on 03/04/2005 6:29:14 AM PST by ghostrider
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To: marty60
This is the first time I have heard that the fam believes he may have tried to strangle her. Has there ever been any REASONABLE explaination how a heathy woman suddenly has a "heart attack"

It's a lot more than an alleged heart attack.

I'm not qualified to describe Terri's condition, but many of those who are think she was subjected to years of abuse, probably by Michael. Lots of evidence of old bone fractures, etc.

Michael blames all this on osteoporosis's (sp?), an eating disorder, and things like that.

Some of the rest of us think that a baseball bat and an attempted strangulation may have been involved.

At a minimum, I think there needs to be a detailed inquiry before any final decision is made. That has not happened. And Judge Greer made up his mind a long time ago and is not listening.

Even if - and it's a big if -- what Michael has said is 100% true, the morality of removing Terri's feeding tube is questionable. In my opinion, a major attempt to help her should be made first. Michael said he was going to do that, but he never did.

He pocketed something like $350,000, lived off his in-laws, got a new girlfriend, had a couple kids with her, and has not divorced Terri or turned her care over to her parents -- apparently, from what I can tell, because he wants another $750,000 which he stands to inherit if she dies while she is still technically married to him.

I may well have some of my information wrong. I probably do.

But you look into this before you jump to any conclusions. I'm pretty sure you won't like what you see.

37 posted on 03/04/2005 6:34:34 AM PST by The Other Harry
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To: ViLaLuz

Oil fields refill themselves. Brains rewire themselves. Who knew?


38 posted on 03/04/2005 6:46:13 AM PST by johnb838 ("You Have Ruled, Now Let Us See You Enforce" Need some wood?)
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To: ViLaLuz

So true. As much as Terri Schiavo deserves to live and have stimulation and PT, and be with her parents, and worship her God in the manner she loves, it is nothing compared to the true evil that is the euthanazia movement.


39 posted on 03/04/2005 6:51:02 AM PST by johnb838 ("You Have Ruled, Now Let Us See You Enforce" Need some wood?)
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To: Mamzelle

There is something to be said though, for the idea that when people don't have a limitation on living they say one thing but when they get to the end they decide they might just like to have every day they have coming to them. I don't see anything wrong with that. I think Nitro has some tough decisions coming up.


40 posted on 03/04/2005 6:58:07 AM PST by johnb838 ("You Have Ruled, Now Let Us See You Enforce" Need some wood?)
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