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Judge says DCF can't intervene in Terri Schiavo case
Associated Press ^ | March 10, 2005 | Mitch Stacy

Posted on 03/10/2005 12:22:56 PM PST by amdgmary

TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.

The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.

But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."

Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.

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Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.

But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.

The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.

The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.

In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.

Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.

In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.

Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.

The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.

On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.


TOPICS: Front Page News; News/Current Events; US: Florida
KEYWORDS: dcf; euthanasia; florida; georgefelos; govjebbush; greermurderer; judgegeorgegreer; michaelschiavo; nocerebralcortex; pureevil; satanslittlehelpers; schiavo; schiavodcf; schiavomedical; sicsempertyranis; terrischiavo
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To: Saundra Duffy

On a Easter Morning, when millions are celebrating the Resurection of Christ, we watched in horror as they snatched Elian Gonzoles from his family to have him sent to his father and the mind control of Castro's Communism. For less reason should they hold poor Terri from the protective custody that she deserves. What she is about to face is wife abuse in the ultimate degree. Any child protective agency would go into that court room with a SWAT team.


101 posted on 03/10/2005 2:30:13 PM PST by jonrick46
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To: All

102 posted on 03/10/2005 2:30:19 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: amdgmary

What does BTTT mean?

Thanks


103 posted on 03/10/2005 2:30:51 PM PST by Bostton1
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Electrical stimulation therapy restores swallowing ability.
So why KILL her?
  • Get her therapy
  • Get her OFF 'the tube'
  • Send her home with the Schindlers
  • Let Michael marry his fiance.


104 posted on 03/10/2005 2:31:14 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: Heisenberg
This issue is about emoting ,handwringing, and smoke screens,not medical evidence, law, and constitutionality.

No. It's about hearsay evidence given by an estranged husband that was suddenly remembered 7 years later. It's about medical advances in testing and denying a human being the tests. It's about a euthanasia lawyer advancing his cause. It's about not erring on the side of life.

105 posted on 03/10/2005 2:31:30 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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Comment #106 Removed by Moderator

To: Awestruck

"I believe, gentlemen, that you know me well enough to realize that I am not a bloodthirsty man nor a man who takes pleasure or finds sport in the harsher things he must do. On the other hand, I have strong nerves and a great sense of duty - if I do say so myself - and when I recognize the necessity to do something, I will do it unflinchingly." Heinrich Himmler - May 24, 1944

-----------------------------------------------------------------------------

"I don’t want anyone trying to feed that GIRL," [ Video ] 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.
- Empire Journal.com

Petition Seeks Impeachment Of Schiavo Judge George Greer

**Petition**

VIOLATIONS UNDER FLORIDA LAW AGAINST TERRI

107 posted on 03/10/2005 2:31:43 PM PST by bjs1779 (" It is unlikely that Terri currently needs the feeding tube." Examination by Dr. Hammesfahr 9/12/02)
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To: Hildy

Why do you think this is happening. Put aside everything I've said, because I am really curious as to why the courts keep backing this up. Why?

======

It's called "Liberalism In Full Blown Shove It Up Your Stupid Conservative Arse Action" ... that's why !!!


108 posted on 03/10/2005 2:32:51 PM PST by GeekDejure ( LOL = Liberals Obey Lucifer !!!)
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To: amdgmary

question: can (more importantly, will) DCF step in without Greer's approval and take Terri under protective custody?


109 posted on 03/10/2005 2:37:16 PM PST by Awestruck (The artist formerly known as Goodie D)
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Comment #110 Removed by Moderator

Comment #111 Removed by Moderator

To: the libertarian man
"WHEN THESE FACTS BECOME KNOWN THE SCHINDLERS WOULD HAVE EVERY RIGHT IN THE WORLD TO SUE THE STATE OF FLORIDA IN A WRONGFUL DEATH SUIT."

Two words- sovereign immunity.

112 posted on 03/10/2005 2:41:08 PM PST by daylate-dollarshort (s/v Musashi I)
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To: Awestruck
Florida Statutes make an exception for the withdrawl of life-prolonging procedures.

Legislative notes

and definition of life-prolonging procedures

He's not breaking the law. He's applying the law the Florida legislature wrote.

113 posted on 03/10/2005 2:41:47 PM PST by Dog Gone
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To: Heisenberg

For God's sake, Florida already has a constitutional crisis and has from the moment they let Janet Reno's storm troopers walk in and take Elian Gonzalez at gunpoint, trampling innocent citizens,slamming them in the face with rifle butts, to the endless recount of the votes, with an attempt to recount them behind closed doors, by only Democratic partisans.


114 posted on 03/10/2005 2:44:12 PM PST by UCANSEE2
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To: jonrick46

On a Easter Morning, when millions are celebrating the Resurection of Christ, we watched in horror as they snatched Elian Gonzoles from his family to have him sent to his father and the mind control of Castro's Communism. For less reason should they hold poor Terri from the protective custody that she deserves. What she is about to face is wife abuse in the ultimate degree. Any child protective agency would go into that court room with a SWAT team.

>>>

I was at convention over the holiday. I will NEVER forget the crime against MAN perpetrated against Elian and ALL OF US that sad day in April......


115 posted on 03/10/2005 2:45:45 PM PST by ApesForEvolution (I just took a Muhammad and wiped my Jihadist with Mein Koran...come and get me nutbags.)
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Comment #116 Removed by Moderator

To: bjs1779

Lother Fothing Mucker BTTT


117 posted on 03/10/2005 2:47:51 PM PST by ApesForEvolution (I just took a Muhammad and wiped my Jihadist with Mein Koran...come and get me nutbags.)
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To: Heisenberg

All very nice and tidy but give me links. And you never addressed the advances in testing such as fMRI. Actually, you didn't directly address anything I said.


118 posted on 03/10/2005 2:48:09 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: UCANSEE2
BTTT!
119 posted on 03/10/2005 2:48:46 PM PST by ApesForEvolution (I just took a Muhammad and wiped my Jihadist with Mein Koran...come and get me nutbags.)
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Comment #120 Removed by Moderator


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