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.
Sort of like a crucifix isn't it?
I would love to see that myself!! Justice served!!!!
Do you trust windows media player? That is the one with Terri's father.
It is similar in that their conditions were assessed as PVS, but it doesn't track well after that. Poor Terri has been in this condition for 15 years.
I don't think her story will turn out nearly so well. I can't see how it can.
ahhh Ok.. I guess I never ran into that before. Thanks for the heads up.
They are for you, that's for sure.
Freepmail
personally, I like bjs1779's responses very much and am offended at your criticism. I am now amused that you still rattle that same polemic, hoping to convince those who know better that Terri isn't functioning.
Well, you better read this spam, too:
It's an amazing story. And scary. Imagine people thinking that you can't feel pain. Makes my belly button pucker.
Don't worry 8mm, I can take care of myself. That is why he is here you know, to spam us with nonsense. Everyone knows he is just a lovable troll.
Schindler Family Calls for Judge's 'Immediate Impeachment'
By Melanie Hunter
CNSNews.com Deputy Managing Editor
March 10, 2005
(CNSNews.com) - A spokesman for the family of Terri Schindler Schiavo said Thursday the Florida judge residing over her case "ignores the state's laws and orders the premeditated killing of a disabled Florida woman by her husband."
Pamela Hennessy, media director for the Terri Schindler-Schiavo Foundation, in a press release Thursday called on disability and eldercare advocates to press for Circuit Judge George Greer's "immediate impeachment."
"If there is a single person following this who doesn't believe Judge Greer has legislated from the bench, trampled Florida's laws and deprived Terri Schiavo of her retained rights, they are simply not paying attention," Hennessy said in a statement.
According to the foundation's press release, on Tuesday and Wednesday Greer issued three orders that the foundation said all but assures Schiavo's death. First, Greer ordered that the family may not introduce oral nutrition and hydration following the removal of Terri's gastric feeding tube.
The foundation pointed out that Florida Statute 744.3215 (Rights of Persons Determined Incapacitated) requires that incapacitated people cannot be deprived of food and water.
"Ordering that Terri Schiavo may not receive nutrition or hydration naturally is against the law, in the opinion of the Foundation," it said in a statement.
Second, according to the foundation, Greer ruled that no further neurological tests may be conducted on Terri, using functional MRI to determine if she is in a "persistent vegetative state," as Greer found in 2002, or if Terri is "minimally conscious."
The foundation pointed out that Florida Statute 765.404, which defines persistent vegetative state, requires that the condition be determined and diagnosed as permanent prior to the withdrawal of life-prolonging means. Also, Florida Statute 765.309 prevents mercy killing and assisted suicide.
The foundation unless the "true neurological condition of Terri Schiavo" is determined prior to the removal of the feeding tube, Greer's order amounts to "a directive for her guardian to commit either a mercy killing or assisted suicide."
And third, "Greer denied an order from a judgment based on his error in dismissing pertinent testimony in 2000 that would assist the court in determining Terri Schiavo's true end of life wishes," the foundation added.
It pointed to Florida Statute 765.404, which says clear and convincing evidence of the ward's intent for medical treatment must be established.
"The only evidence in support of removing Terri's feeding tube was the self-serving hearsay testimony of her guardian (which is not admissible under FS 90.602) and hearsay from two members of his immediate family," the foundation said.
"Greer systematically ruled that testimony from Terri's friends and family was unreliable or not credible. His failure to consider all evidence of Terri Schiavo's attitude towards life-prolonging measures, in the Foundation's opinion, is a clear violation of Florida Statutes," it concluded.
http://www.cnsnews.com//ViewNation.asp?Page=\Nation\archive\200503\NAT20050310b.html
Ahhh, it is all in fun. I find him kind of harmless, too. Now, he knows he has two pals to play with.
He doesn't care if he is known as a liar either. I can prove that and he knows it.
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