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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: amdgmary; 4Godsoloved..Hegave; 8mmMauser; a5478; Annie03; atruelady; Brad's Gramma; Cayenne; ...

Terri ping! If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!


161 posted on 03/10/2005 4:10:38 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: Dog Gone

There is also this (from before any of this court battle happened.
http://www.zimp.org/stuff/Discharge%20Summary%20050990.pdf
I googled some medical terms in the report:
anoxic brain damage
hypoxic encephalopathy
decererbration
focal seizure activity.

Very grim diagnosis and prognosis.


162 posted on 03/10/2005 4:16:08 PM PST by Annie03
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To: amdgmary
Greer Appears to Literally Think he is a Deity!

I've NEVER SEEN Anyone with Such Delusions of Grandeur! (Except maybe Clinton)

163 posted on 03/10/2005 4:16:14 PM PST by Kitty Mittens
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To: Awestruck
so by definition, we are all on "life prolonging procedures"?

Of course not. You have to read the entire section of the statutes to put it into context

Only if you're in a condition where there is no hope for recovery and unable to make your own medical decisions.

164 posted on 03/10/2005 4:16:45 PM PST by Dog Gone
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To: amdgmary
Gov. Bush needs to do a "Stay of Execution"....just as he has the power to stop the legal execution of a person found guilty of a heins crime based on a judge and jury...he should be within his rights to STAY this exection of an innocent victim.

Is a Judge higher up on the food chain than a GOVERNOR???? Geesh..I fnd that hard to believe.

165 posted on 03/10/2005 4:16:58 PM PST by Ann Archy (Abortion: The Human Sacrifice to the god of Convenience.)
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To: Dog Gone
Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state,

Fools.

Terri enjoying a tune video

Terri laughing with her father video

166 posted on 03/10/2005 4:18:23 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: amdgmary; FreepinforTerri; freepertoo; BibChr; Jeff Head; RoseofTexas; lastchance; ...
In politics and public policy, you've got to start with your "base," and move out from there. On the Terri issue, it looks like we don't even have the leaders of our conservative "base" on board -- if it's true that Rush, Hewett and other nationally syndicated conservative talk-radio folks aren't coming to Terri's defense (I don't know personally that they're not - it's what I'm picking up from this thread)

If Rush and other "conservative" radio biggies are staying silent, no wonder Greer has the confidence to rule the way he's ruling. He already has the MSM backing him -- and if he doesn't have to worry about Rush and Hewett and others blowing the whistle on him, he's basically home free as far as mass media coverage of this case goes.

If conservative talk radio hosts can't find it in them to defend Terri - and oppose involuntary euthanasi - then shame on them, and shame on us conservative grass roots for letting them take a pass.

167 posted on 03/10/2005 4:18:23 PM PST by churchillbuff
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To: Dog Gone
Drawing an analogy to a criminal case, though, you can't keep postponing the conclusion of a trial for just one more ballistics test over and over again. That's the obstacle Terri and the Schindlers face.

Well the ballistic analogy doesn't quite work. There really is very little undertood about the human brain. Look at Kate Adamson and Sarah Scantlin.

I don't see what the tests could hurt either. Too bad we're not in control.

By mid 1996, the CAT scans of her brain showed a severely abnormal structure.

That experimental stimulator is still in her head causing pressure. I have no link for this as I can't remember who said it but someone stated that removing the stimulator would increase blood flow etc. I found that interesting.

168 posted on 03/10/2005 4:18:55 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Heisenberg
so was I..

No. You were knocking the doctors that disagree with Cranford. Since you won't address my original post, we're done.

169 posted on 03/10/2005 4:21:54 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: churchillbuff; RonDog; generalissimoduane

I'm pretty sure Hugh Hewitt has talked about the Terri Schiavo case. But I don't recall whether he's featured her as intensely as he did Eason Jordan or the, what is it, Stockholm Protocol? If he rallied the blogs, it might have more impact.

Dan


170 posted on 03/10/2005 4:22:56 PM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: RoseofTexas

I agree, Rose.


171 posted on 03/10/2005 4:23:28 PM PST by sport
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To: BibChr
I'm pretty sure Hugh Hewitt has talked about the Terri Schiavo case. ""

That's good to know. Hope he'll talk it up some more. It would be nice to get the big guy -- Rush -- in the fight as well!

172 posted on 03/10/2005 4:24:24 PM PST by churchillbuff
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Comment #173 Removed by Moderator

To: Awestruck
He is not following the law..he is actually breaking several Florida laws regarding euthanasia and the disabled.

The Mystery is Why more people in Power aren't Up in Arms over Greer's Iniquities! I'm Thankful from my heart for Jeb and others who have Helped our Terri, but we Need so many More! I Pray the people in Power can Somehow have Greer Impeached!

174 posted on 03/10/2005 4:26:43 PM PST by Kitty Mittens
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To: churchillbuff
That's good to know. Hope he'll talk it up some more. It would be nice to get the big guy -- Rush -- in the fight as well!

Rush could very well be compromised on this issue. The ACLU is on his side on his drug case, and as you know, the ACLU wants Terri Schiavo dead.

175 posted on 03/10/2005 4:29:01 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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Comment #176 Removed by Moderator

To: Regulator
Mr. Greer is apparently afflicted with delusions of grandeur: he thinks he's God.

As do most judges. This concept that judges are empowered to ignore the laws of the land and make things up as they go has got to be stuffed, and quick. It's a total travesty of the concept of "justice."

177 posted on 03/10/2005 4:30:46 PM PST by My2Cents (America is divided along issues of morality, between the haves and the have-nots.)
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To: amdgmary
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.

The same steaming pile that wanted to steal the 2000 election for Gore.

178 posted on 03/10/2005 4:32:53 PM PST by My2Cents (America is divided along issues of morality, between the haves and the have-nots.)
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To: churchillbuff

True. I am especially concerned as a Catholic with the poor response from Bishop Lynch. However the overall response from the Catholic Church has been welcome. But- where are the other Churches, why are most of them still silent? The Florida Baptist Witness ( magazine) has had excellent articles on the Schiavo case. Also the MSM has missed the whole Disability Rights issue that pertains to this case. Please see Not Dead Yet's website for their Friend of Court Brief and statements on Terri.


179 posted on 03/10/2005 4:33:38 PM PST by lastchance
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To: DJ MacWoW
This case is the "Roe v. Wade" of the euthanasia movement.

Ordinarily, I'm a pretty low-key guy, but in this case, divine judgment cannot come too quickly on the "honorable" Judge Greer.

180 posted on 03/10/2005 4:34:28 PM PST by My2Cents (America is divided along issues of morality, between the haves and the have-nots.)
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