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Husband's Lawyer Fears DCF's Intent
The Tampa Tribune ^ | March 9, 2005 | David Sommer

Posted on 03/09/2005 3:15:46 AM PST by amdgmary

CLEARWATER - Terri Schiavo could be taken away by state agents if the Department of Children & Families fails in its bid to delay the removal of her life-sustaining feeding tube, her husband's attorney said Tuesday. Also Tuesday, DCF attorney Keith Ganobsik announced in court that his agency will ask Judge George Greer to ban reporters from a hearing today on its request to intervene in the case.

Last week, the DCF lost a bid to keep that same request a secret.

In a document made public through the efforts of the The Tampa Tribune and News Channel 8, a DCF official said the agency needs up to 60 days to investigate ``30 detailed allegations'' of Michael Schiavo's actions as guardian of his brain-damaged wife.

``The allegations in the abuse reports go the the heart of whether abuse, neglect and/or exploitation has been perpetrated by the guardian such that any relief afforded by this court to this guardian prior to the conclusion of such investigation would be tragically misplaced,'' wrote DCF Adult Protective Services supervisor Michael Will.

Michael Schiavo's attorney, George Felos, has said the allegations are nothing more than a veiled attempt by Gov. Jeb Bush to again interfere in the case.

In 2003, Bush ordered feeding resumed six days after Terri Schiavo's feeding tube was removed on court order. Bush intervened based on a hastily crafted measure known as Terri's Law that was subsequently found to be unconstitutional.

Greer, who found that Terri Schiavo would not want to be kept alive on artificial life support based on testimony at a January 2000 nonjury trial, has ordered the tube be removed again March 18.

Bush said last week that he would use any legal method to keep Schiavo alive.

The DCF, which is controlled by the governor, has investigated and rejected at least 89 previous abuse allegations against Michael Schiavo, Felos has said.

Now, the agency is refusing to say whether it will take Terri Schiavo into protective custody, Felos said.

``They will not state on the record that they will not take Mrs. Schiavo into custody after the 18th tube removal,'' Felos said. ``We asked specifically if this is what they will do, and that [lack of response] is very troubling.''

Felos' comments came after the latest in a series of hearings at which Terri Schiavo's parents are seeking to block their son-in-law from removing his wife from life support.

Bob and Mary Schindler say their daughter reacts to them and dispute Michael Schiavo's contention that her brain was destroyed when her heart failed in 1990 at age 26.

At Tuesday's hearing, Greer announced he will not allow the Schindlers to attempt to feed their daughter orally once the tube is removed.

The judge said he will rule today on whether to hear testimony from doctors in support of the parents' request for more medical tests.

Also, Greer is considering the Schindlers' request for a new trial based on a mistake the judge made in his finding that testimony from Michael Schiavo and his relatives showed Terri Schiavo made statements prior to falling ill indicating she would not want to be kept alive by artificial means with no hope of recovery.

In his 2000 ruling, Greer discounted testimony from a key Schindler witness based on the mistaken assumption that Karen Ann Quinlan died in the mid-1970s after a high-profile New Jersey court ruling resulted in her removal from life support.

Quinlan went on to live for nine years without life support, a fact that went unmentioned when a former close friend of Terri Schiavo testified in 2000 that Schiavo expressed disapproval of the Quinlan family decision to remove the woman from life support, Schindler attorney David Gibbs argued Tuesday.

The witness, Diane Meyer, said the exchange took place in 1982 when Schiavo was 19. Greer concluded it took place when Schiavo was a child and not ``some six years after the death of Karen Ann Quinlan.''

``It would be a travesty to think that a person's life would be ended ... based on a mistake,'' Gibbs said.


TOPICS: Front Page News; News/Current Events; US: Florida
KEYWORDS: davidweldon; dcf; euthanasia; georgefelos; jebbush; melmartinez; schiavo; schiavodcf; terrischiavo
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To: GYPSY286
Yes, the SHINDLER's can't but how about a hired nurse?

Hired by whom?

41 posted on 03/09/2005 4:01:26 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: pickyourpoison
...put them all on trial for attempted murder.

That is what it is.

42 posted on 03/09/2005 4:05:17 PM PST by The Other Harry
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To: GatorGirl
If we always focus on the negative, we become angry, miserable people!

We do indeed become angry.

43 posted on 03/09/2005 4:08:11 PM PST by The Other Harry
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To: TAdams8591
BTW, I don't think GREER is "considering" anything. He made his decision about this case YEARS AGO!

Agree.

What he should be considering is leaving town.

Either that, or maybe getting into a baseball game with me. Tomorrow would be fine.

44 posted on 03/09/2005 4:13:54 PM PST by The Other Harry
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To: GatorGirl
Without the guardianship process in place...

Michael has not been acting as a guardian. He is technically that, as well as Terri's trustee.

He has not been acting as either.

45 posted on 03/09/2005 4:17:47 PM PST by The Other Harry
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To: The Other Harry

I think DCF is SERIOUS too. I HOPE we're right!


46 posted on 03/09/2005 4:19:13 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: TAdams8591
I think DCF is SERIOUS too. I HOPE we're right!

I think the lights may be on at the DCF offices tonight. I hope they are. I bet they are.

47 posted on 03/09/2005 4:23:04 PM PST by The Other Harry
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To: amdgmary

Jeb Bush to Florida DCF:

"Get her the f*** out of there."

I think that's about the way it went.


48 posted on 03/09/2005 4:27:06 PM PST by The Other Harry
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To: The Other Harry
Husband's Lawyer Fears DCF's Intent

He would be well-advised to fear God...

49 posted on 03/09/2005 4:28:51 PM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance
He would be well-advised to fear God...

I agree.

As I have said on a couple other threads, if Michael doesn't want Terri, I will take her. I have a spare bedroom and some time. I will care for her. I will go get her tonight.

50 posted on 03/09/2005 4:34:54 PM PST by The Other Harry
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To: StACase

They are afraid she'd choke to death?


51 posted on 03/09/2005 6:17:36 PM PST by eccentric (a.k.a. baldwidow)
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To: pc93

Should we start a pool? How soon will they flee the country? Where will they go?


52 posted on 03/09/2005 6:19:41 PM PST by eccentric (a.k.a. baldwidow)
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To: shezza
(My 10-year-old wants to lead a million-kid march to storm the hospice and rescue Terri.)

This 57 y.o. has been contemplating doing the same exact thing on his own.

It would be a federal offense (kidnapping), but what the heck?

I think I could pull it off. There are about five steps, and I've got four of them figured out. All I need is the ambulance, and I think I can get that.

53 posted on 03/09/2005 7:21:26 PM PST by The Other Harry
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To: eccentric

Isn't that something? Michael and Judge Greer want no quick death for Terri, only a horrific, painful, slow one.


54 posted on 03/09/2005 7:24:45 PM PST by Dante3
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To: amdgmary

I hope that the DCF takes her into protective custody.

I know that Greer, Felios, and Michael plan to murder her if there is any way on earth to do it.

If they can't stop Greer, Felios, and Michael from murdering her, Governor Bush needs to apoint a special posecutor and Judge, them impound her body as evidence in a murder investigation for the intent of bringing those who participated in her murder to justice.

Where is the Federal Government in all this? Both medicade/medicare fraud and insurance fraud has been committed.


55 posted on 03/09/2005 7:34:41 PM PST by sport
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To: StACase

He said that the first time.


56 posted on 03/09/2005 7:36:14 PM PST by sport
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To: sport

Good questions. So many laws have been violated in this case, but no action on the part of the government.


57 posted on 03/09/2005 7:37:31 PM PST by Dante3
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To: amdgmary; Lauren BaRecall; pc93; FL_engineer; xzins; the libertarian man; ...

http://www.terrisfight.org/

Affidavit of Carla Iyer, nurse who cared for Terri Schiavo from April 1995 to July 1996

58 posted on 03/09/2005 9:06:21 PM PST by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: eccentric

They would prefer Terri suffer a much slower, more painful death.


59 posted on 03/09/2005 9:50:38 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: The Other Harry

I just might have you covered for a defense attorney.
Go for it!
Also, I know a lot of other guys willing to help.


60 posted on 03/09/2005 10:27:23 PM PST by yesnettv (We need to decide to save Terri's life. I did.)
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