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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: shekkian
Why is this judge still on the bench?

Because he cheated in his re-election campaign.

241 posted on 03/10/2005 6:20:46 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: Dog Gone

That is the problem here...tin foil, un-corroborated accusations, on and on. I have spent hours and hours on the net trying to find documentation of the many accusations against Greer, Michael Schiavo, et al and haven't found it. The only thing I know for a fact is Felos is pretty nutty (based on his book). Other than that...zilch.


242 posted on 03/10/2005 6:20:51 PM PST by Annie03
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To: Dog Gone

You say it. I say it is evil versus good. What do you call it? Is that tin hat?


243 posted on 03/10/2005 6:21:35 PM PST by 8mmMauser (www.ChristtheKingMaine.com)
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To: Dog Gone
Okay, you're getting irrational in your responses, and I sense a bit angry as well. Conversation over.

I didn't think you would take the easy way out of it, but you did.

244 posted on 03/10/2005 6:23:21 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: 4everontheRight
I must say, if I were Terri's parents I would kill her husband. I would shoot the SOB and take my chances in hell and prison but by God, I would see him dead first!!

I'd figure out a way to capture him, then improson him for seven days without food or water. Then I'd let him go. If he tried to have me prosecuted for torture, I'd play the Larry King interview where he claims starvation/dehydration is painless, and argue that if starvation/dehydration is a painless way to die, then non-fatal starvation/dehydration cannot be considered torture.

245 posted on 03/10/2005 6:24:34 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: eeevil conservative

So glad your grandmother is going to be okay. May God grant her many more healthy years to love and be loved by her family.


246 posted on 03/10/2005 6:25:04 PM PST by knittnmom
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To: bjs1779

You know what I find amazing? That so many people will go along with Terri's euthanasia just because an estranged husband says he remembered 7 years later that Terri wouldn't want to live "like that". Despite the fact that in 1990 feeding tubes were normal care and no one would think that 15 years later, simply feeding someone would be viewed as artificial life support. WHERE is common sense?


247 posted on 03/10/2005 6:25:06 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Heisenberg

In the Michael Ross (the serial rapist murderer sentenced to death 17 years ago in Connecticut) the Federal Judge permitted a last minute argument that Ross "might" be insane because he had been on death row for so long. Of course he was on death row for so long because of his protracted appeals but that did not faze the court. When it comes to death, the court can allow any arguments to be raised as long as the subject is a murderer, not someone handicapped or one whose life the judge deems not worthy of prolonging.


248 posted on 03/10/2005 6:26:29 PM PST by blue-duncan
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To: PhilDragoo

Jack the Dripper appears like an angel of mercy compared to this bunch.


249 posted on 03/10/2005 6:27:42 PM PST by My2Cents (America is divided along issues of morality, between the haves and the have-nots.)
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To: Leatherneck_MT
the coward that is sitting in the Governor's office. """

Jeb hasn't shown cowardice yet. He signed Terri's Bill; says he supports another now; and his DCF is trying to investigate.

I agree, though, it will take courage to physically intervene - - which is what they must do, if Greer's decision today isn't quickly overturned. But this is precisely why I'd like to see Rush and other big-time conservative talk radio people focus on this case - - - to give Jeb Bush some cover. As it is, the mainstream media is doing PR for judge Greer 24/7 -- we need the conservative media to respond in kind, not obsess over Michael Jackson's pajama pants.

250 posted on 03/10/2005 6:27:58 PM PST by churchillbuff
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To: UCANSEE2
The judge is making a CORRECT RULING , but it is based on evidence presented by those with an agenda.

Further, Terri has never been represented by anyone who had subpoena power, that didn't want her dead.

251 posted on 03/10/2005 6:28:12 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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To: Annie03
According to both Greer's and the DCA's rulings, they viewed the full tapes (about 4 hours), and found Terri's responses could not be duplicated, and she often didn't respond at all. We have no way to make our own judgement, because the full=length videos are not available for public view.

Yes ma'am.

Absolutely correct.

So, we, are as 'blind' by not being able to see for ourselves, as the judge.

252 posted on 03/10/2005 6:28:26 PM PST by UCANSEE2
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To: Regulator

Yeah, well, all I can say is Jesus can't come back too soon.


253 posted on 03/10/2005 6:28:35 PM PST by My2Cents (America is divided along issues of morality, between the haves and the have-nots.)
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To: churchillbuff

You've already been told by a freeper or two that Rush HAS talked about this. But you won't acknowledge that because you WANT freepers to be angry at Rush. You're so transparent you're see through.


254 posted on 03/10/2005 6:29:11 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Dog Gone; 8mmMauser
You are actually building a conspiracy theory based on someone's last name? Do you know how utterly tin-foil ridiculous that is?

Names mean something. Mary was TOLD what to name her Son. Others in the Bible were, as well. Concerning still others in the Bible, it was pointed out that their behavior was fore-ordained by God, that their name bears that out their deeds....numerous examples are in the Bible about the importance and significance of one's name, even if that importance or significance wasn't apparent until the "proper" time.

8mm thought it was worth investigating if name importance/coincidence was possibliy at work here. I, for one, don't discount name importance, no matter how "coincidental" it may appear. I find it more than odd, however, that the historical root word for Felos takes on such parallels to what we can observe from his behavior, the very person who has the weird dreams about seeing people...and other bizarreness concern his own self-proclaimed non-Christian heavy-duty tap into a spirituality definitely unChristian.

255 posted on 03/10/2005 6:29:37 PM PST by nicmarlo
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To: Annie03
Felos has an agenda far beyond representing Michael Schiavo. I'm not sure that's even debatable.

But the discussion about Terri should primarily revolve around the issues and facts in question about Terri and the applicable Florida law.

Greer is doing his job given the law he has in front of him. I might not have made the same findings of fact that he did, but I didn't sit through the testimony.

256 posted on 03/10/2005 6:30:30 PM PST by Dog Gone
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To: bjs1779

No, you took the easy way out. Come back to earth and we can talk.


257 posted on 03/10/2005 6:33:02 PM PST by Dog Gone
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To: Peach
You've already been told by a freeper or two that Rush HAS talked about this.

Which Freepers? No Freepers that I know that listen to Rush has ever heard him mention her. We've had discussions about it. Can you say who heard it?

258 posted on 03/10/2005 6:34:55 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: nicmarlo

I utterly reject that. Maybe we can argue whether last names mean anything on a religion thread, but to introduce this as an ARGUMENT in a legal case is utterly preposterous to me, and I'm sure to nearly everyone in America.


259 posted on 03/10/2005 6:37:05 PM PST by Dog Gone
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To: Dog Gone

I agree. I have read endless docs for this case. God and Judge Greer have alot more info than I do. When I read her discharge report(from 1990) and reasearched the diagnosis, I saw the gravity of the brain injury. I also believe the judge has followed the law as written. The responsibility lies with the legistlature, and I'm not sure the new law they propose is quite fair to people like my husband, who has made his wishes clear and expects me to honor them.


260 posted on 03/10/2005 6:38:19 PM PST by Annie03
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