Judge says DCF can't intervene in Terri Schiavo case

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.

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.

Good Grief! Michael NEVER wnated Terri to live. Even BEFORE he testified in the malpractice suit. He was told to take Terri to Shands, he DIDN'T- this is BEFORE HIS MALPRACTICE SUIT! Malpractice OPENING STATEMENT: "And if she lives a normal life expectancy, fifty-one years, and the cost of that, depending on whether or not in an institution or Mike takes her home is between 12 and 16 million dollars. They say, well, she doesn't have a normal life expectancy. You'll hear if she receives proper treatment, there's no reason why she shouldn't. And she is not just a head on a pillow." Q. How do you feel about being married to Terri now. MS. I feel wonderful. She's my life and I wouldn't trade her for the world. I believe in my marriage vows. Q. You believe in your wedding vows, what do you mean by that? MS. I believe in the vows I took with my wife, through sickness, in health, for richer or poor. I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that. http://web.tampabay.rr.com/sarahds/m%20schiavo%20depo%20111993.pdf">Michael's testimony on November 19, 1993, regarding guardianship pp 41-45: Michael openly admits that he did NOT ask Terri's doctor for any SUGGESTIONS on treating her. This is blatant evidence that Michael was not interested in her recovery, despite his testimony in 1992 when he was seeking up to 16 million dollars "for her care." These pages also reveal that Michael did not take measures that WERE suggested due to "money," but yet when he DID receive the money, he didn't even THINK to pursue these suggestions. Don't buy the spin about how Michael tried for so many years to help Terri and finally just lost hope. He wasn't interested in truly helping Terri even before HIS malpractice suit where he claimed to be seeking money for HER CARE! pp 86-88: Michael testifies that he directed the doctor to put a "do not resuscitate" order in Terri's medical records. Also, note that Michael brings up that Terri can feel pain. This is interesting for three reasons. (1) No one specifically asked if Terri could feel pain. It is obvious that this is something that is in the forefront of his thoughts, as you will see as we continue; he brings this up often. (2) If Terri can feel pain, then she is surely not in a vegetative state( which we have already proven). (3) If Terri is starved to death- she will most CERTAINLY experience a tortorous death that we would never allow be done to convicted murderers (cruel and unusual punishment) or terrorists being held. I can just imagine the outrage if we suggested starving a terrorist to death. Not only the left, but the WHOLE WORLD, would be OUTRAGED! Due process and humane treatment are paramount for terrorists, but denied to the handicapped? AMAZING! Even the terrorist are entitled to their own legal counsel....... This whole case is based on the word of Michael Schiavo- which is worth DIRT! Once the guardinaship filing was dismissed- Bushnell started talking to Felos about how best to get rid of Terri. Once Felos gets ahold of him and can COACH him about the right wording needed to kill her- then they file- funny- they file in 1998- and it gets to court just after they pass a NEW LAW in 1999 to make "nutrition and hydration" LIFE SUPPORT! The case to KILL Terri si based on nothing but LIES!

For all those who say that Michael is doing this for the money, this is truth time.

None of us think the main motive is money. There's the bone scan that he kept secret and numerous violations of Guardianship. Plus after she's dead, think of the book rights. Besides, her family already tried to buy their daughter and he refused. And then he also testified, under oath, that he's ticked about the court battles. Schiavo has a load of spite going on.

September 27, 1999 Deposition, Michael Schiavo

Q. Have you considered turning the guardianship over to Mr. and Mrs. Schindler?

SCHIAVO: No, I have not.

Q. And why?

SCHIAVO: I think that's pretty self explanatory.

Q. I'd like to hear your answer.

SCHIAVO: Basically I don't want to do it.

Q. And why don't you want to do it? SCHIAVO: Because they put me through pretty much h*** the last few years.

Q. And can you describe what you mean by h***?

SCHIAVO: The litigations they put me through.

Q. Any other specifics besides the litigation?

SCHIAVO: Just their attitude towards me because of the litigations. There is no other reason. I'm Terri's husband and I will remain guardian

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