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.
The problem is that cuts both ways. There's no test out there that will prove that she has anything more than reflexive responses. We possibly can determine how much of her brain remains better than the last time those scans were run. But we still have to deal with the "fact" that she's in permanent vegetative state.
Legally, I don't know how you get around it, even with new tests. None of them are going to spit out the result NOT IN PVS
At this point, I will reiterate what I've said on this thread all along. The legislature can change the rules or they can fail to change the rules. And that's the only place that can make any difference to the outcome.
If they don't change the rules in the next couple of weeks, Terri will die.
That is so simplistic and so unfair.
The business man is Robert Herring Sr., the founder of electronics firm HERCO Technology and founder of WEALTHTV.
Hmmmmm
I disagree. Kate Adamsons husband was told the same thing and so was Sara Scantlins family. Adamsons husband was told to pull her feeding tube, there was no hope and she heard every word. Have you gotten to hear her story? There is just too much that we don't know about the brain. It's mans most complicated organ.
But beyond that. I disagree with euthanising someone who only needs a feeding tube.
I noticed that you also seem to avoid any reactions on Terri's video's. I am just wondering why?
Both Rush and Hannity have discussed this recently (i.e. in the last week). I just wish they would have done more.
It's still not too late however. I guess what angers me the most is the coward that is sitting in the Governor's office.
He has every legal right and responsibility to keep this woman from being murdered by the court by stepping in and removing her from her husband's care and putting her into state care. Even at the risk of his political career this has to be done.
That is the difference between a Lion and a Lamb. Unfortunately, Jeb Bush is no lion, so Terri will be fed to the wolves.
THIS MAN HAS MORE POWER THAN THE PRESIDENT OF THE UNITED STATES OF AMERICA!!!
It is just like I said earlier, this sets the precedent for a pro-NAMBLA judge to prohibit DFCS from investigating child abuse allegations!!!
>Who's over him, and WHY is he doing ALL the rulings????
The family requested a new judge and THIS JUDGE said NO.
Unbelievable.
Man offers $1 million to save Terri Schiavo
Businessman will pay husband Michael if he transfers guardianship to parents
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=43235
March 10, 2005
© 2005 WorldNetDaily.com
A California businessman has offered $1 million to the husband of a brain-damaged Florida woman if he will give up guardianship of her a move that would save her from court-ordered starvation set to begin next Friday.
Those caring for Terri Schiavo are scheduled to remove her feeding tube March 18 for the third time in the last few years unless a court-approved alternative is found. Estranged husband Michael Schiavo won a court order in 2000 to have her feeding tube removed, claiming she had said she wouldn't want to live in such a condition. Parents Robert and Mary Schindler, however, insist she has demonstrated a strong will to live, and they have filed a flurry of motions to prevent the tube's removal to no avail.
Enter Robert Herring Sr., the founder of electronics firm HERCO Technology and founder of WEALTHTV. Herring has secured the services of celebrity lawyer Gloria Allred, who today held a press conference to announce the million-dollar offer.
"[Terri's] situation has deeply moved and distressed our client Mr. Herring who has been observing the case in the media, as millions of others have, for about a year," Allred told reporters.
"He recognizes that unless something is done immediately, Terri Schiavo is not likely to survive very long after March 18. Knowing that time is of the essence and realizing that he is fortunate enough to be able to help, he has decided to take action."
Continued Allred: "He contacted me and retained my law firm to convey the following offer to Terri's husband. If Mike Schiavo agrees to transfer the legal right to decide all of Terri's current and future medical decisions to Terri's parents, then Mr. Herring will pay Mr. Schiavo the amount of $1 million (subject to court approval of Terri's parents as her conservators or guardians)."
The money was deposited in Allred's law firm's client trust account. She says Schiavo has until 4 p.m. Monday to accept the offer.
Herring, a believer in the promise of stem-cell research, said he thinks if Terri is kept alive, her condition could improve.
"After viewing video of Terri on television, I came to the belief that there was hope for her," Herring said. "As events have proceeded in the legal battle, it became clear to me that if something was not done for Terri, that all hope for her would be lost.
"I believe very strongly that there are medical advances happening around the globe that very shortly could have a positive impact on Terri's condition. I have seen miraculous recoveries occur through the use of stem cells in patients suffering a variety of conditions."
Herring says he is not affiliated with any group but simply "a private individual who is looking to bring hope to Terri's family."
In a related development today, Circuit Judge George Greer rejected a request by the Florida Department of Children & Families for a 60-day delay in the tube-pulling so it could investigate allegations of abuse and neglect by Schiavo's husband.
Everyone has discussed this...from FNC to Rush. But the freeper who is trying to complain that Rush hasn't discussed it has another agenda.
He is an opinion shaper who tries to make conservatives angry at other conservatives. It's his MO and he does it every single day.
The CAT scans of Terri's brain in the 1990's aren't like medicine in the 1800s. It hasn't changed that much since then. We were pretty high-tech even during the Clinton years.
But I think it's worth checking out with newer technology before a final decision is made.
God bless Mr. Herring. I'll bet my next paycheck Schiavo doesn't even consider the offer.
Because I will not install Real Player on my new computer and screw it up AGAIN.
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