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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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Comment #341 Removed by Moderator

To: Saundra Duffy
Actually # 1 would be the action in the end that jeb bush takes is because to me he is a gutless coward being usurped by a worthless low on the rung probate judge a weasal of a lowlife euthanasia lawyer with a agenda and a psychological liar of a husband that justs wants to cover his tracks in long litany of deceit and lies and fraud for things that he is directly RESPONSIBLE FOR.

He is the cause of his wife's injuries and he is responsible for the despicable exploitation of his wife' s trust fund.

OTHER WISE JEB SHOULD CALL HIS LOUDMOUTH BROTHER IN WASHINGTON AND ASK FOR ASSISTANCE FROM THE US ATTORNEY'S OFFICE AND THE US DEPARTMENT OF JUSTICE AND LAUNCH A CRIMINIAL INVESTIGATION INTO THE DEALINGS OF MIKE SCHIAVO GEORGE GREER AND GEORGE GREER.

GEORGE HAS TO SHUT THIS DOWN ONE WAY OR ANOTHER.

AFTER ALL GEORGE BUSH IS APPEALING THE LEGALIZATION OF EUTHANASIA IN OREGON IN THE SUPREME COURT.

HE OUGHT TO BE INVOLVED IN THIS TOO IS BECAUSE MOST PEOPLE INCLUDING THE PRESIDENT DOES NOT WANT EUTHANASIA LEGALIZED IN THE UNITED STATES.


OTHERWISE EVEN GEORGE WOULD BE JUST AS MUCH A SPINELESS COWARD LIKE HIS BROTHER JEB.

FRANKLY I NEVER MET A POLITICIAN OF ANY POLITICAL LEANINGS OF ANY TYPE THAT I DID NOT HAVE THE UPMOST CONTEMPT FOR AND ALL OF THEM ARE CORRUPT TO THE BONE.

Please i don't want to hear a coward's excuse anymore for not wanting to get involved by coming up with some pie in the sky bogus concept they call the separation of powers.
342 posted on 03/10/2005 7:46:21 PM PST by the libertarian man
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To: Heisenberg
That's the best you could do? pitiful!

You left out the Heisenberg Certainty Principle...

So let's lock YOU in a room and remove YOUR nutrition and hydration too.


343 posted on 03/10/2005 7:46:50 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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Comment #344 Removed by Moderator

To: Annie03
As for Schiavo, he has stated he had great hope that she would recover in the first few years.

He got the money and a few weeks later stopped all therapy and put a DNR in her chart. And if you believe Schiavo, I've got a bridge for sale.

345 posted on 03/10/2005 7:50:04 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Heisenberg

As we have discussed before, the ends doesn't justify the means. I have spent hours and hours researching the facts, and none point to most of the wild speculation. Tho I *wish* Michael would just give Terri to her parents, the case has been conducted within the law. Because I have been a "Save Terri" as well, it was quite a difficult chore to face facts.
FReegards


346 posted on 03/10/2005 7:51:02 PM PST by Annie03
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To: Annie03
The DCA ruled that the judge could make a finding in light of conflicting evidence, as to the ward's unwritten wishes.

A court advising another court that they don't have to follow the law. This from the state that tried to give us Al Gore by judicial ruling.

347 posted on 03/10/2005 7:52:34 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: DJ MacWoW

ROFLLLLLLL!!!

ROFLLLLLLLL!!!!


I LOVE IT!

SPOT ON!


348 posted on 03/10/2005 7:55:13 PM PST by eeevil conservative (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
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To: Heisenberg

It has all to do with the power of the judiciary over matters of life and death. The court can let in any evidence, witnesses or motions it feels it needs to move the case to the conclusion it wants. I recognize the differences between criminal and civil and Federal law and Florida law. The comparison was the extent the court will go to protect the rights and preserve the life of a murderer and not display the same scruples for this vulnerable lady who has received a death penalty from a civil court. She is being denied an unalienable right, the right to life, and the protection of that right should be the same in any court, state or federal.


349 posted on 03/10/2005 7:56:41 PM PST by blue-duncan
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To: PatriotGirl827
> Glenn Beck has covered this

Glenn has spent a great deal of time covering Terri's fight, including providing a lot of air time for her parents to present her case. Fox news has provided a lot more coverage than the rest of the msm combined.
350 posted on 03/10/2005 7:57:29 PM PST by ADemocratNoMore (Jeepers, Freepers, where'd 'ya get those sleepers?. Pj people, exposing old media's lies.)
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To: FL_engineer

;=] I was wondering if he was Schrodiner's Cat.


351 posted on 03/10/2005 7:57:57 PM PST by pc93 (http://www.blogsforterri.com)
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To: eeevil conservative

No, I meant the kind of statements my husband has made to me. I meant my father, who I knew my whole life, and knew he would be mortified at having someone else bathe him and change his diapers. But that's how his life ended up, until he died in hospice shortly after refusing food. Like that.


352 posted on 03/10/2005 7:58:07 PM PST by Annie03
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To: FL_engineer; Heisenberg
Just because he was in favor of Terri living before he was agains her living.... Well, it is a man's right to choose, or something like that.

I would like to teach him this little ditty:

Beware
those who
know not
and who
know not
that they
know not.

And remind him of this again:


353 posted on 03/10/2005 7:58:28 PM PST by 8mmMauser (www.ChristtheKingMaine.com)
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To: amdgmary
"appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."

He got PART of that right...seperation of powers means that the Judicial system is NOT the means of last resort. If the Legislature or Executive of a particular state decides that a judges ruling is in violation of the Constitution they have an obligation to overrule it by passing a new law, or refusing to enforce the ruling, respectively.

354 posted on 03/10/2005 7:59:06 PM PST by montag813
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To: Dog Gone

Hey----GOOD IDEA......how about the ROOT of your name? That is a GREAT IDEA! Wanna find it?


355 posted on 03/10/2005 7:59:23 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: eeevil conservative

Please link the transcripts. Thanks


356 posted on 03/10/2005 8:00:12 PM PST by Annie03
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To: Dog Gone
None of us are there in her room. We're mostly hearing arguments from hired guns, or those with an agenda far bigger than Terri, on both sides of the fence. Of that, I have little doubt.

hired guns? The attorney? The priest? The nurses? Who are the hired guns on the other side that say Terri is PVS AND HAVE ACTUALLY SEEN HER?

357 posted on 03/10/2005 8:00:23 PM PST by eccentric (a.k.a. baldwidow)
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To: Annie03

What ever you MEANT-- You made my case...

Thank you...


358 posted on 03/10/2005 8:00:53 PM PST by eeevil conservative (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
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To: Annie03
the case has been conducted within the law.

You keep saying this. Do you know anything about guardianship laws in Fla? When Schiavo was given guardianship, he was supposed to take a course to be taught proper proceedure. He never did. If you don't take the course, you are replaced. He never was. Every 6 months, you have to file papers regarding care such as normal tests, dental care etc. He hasn't filed them in years.

359 posted on 03/10/2005 8:01:19 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: DJ MacWoW

NO, DCA said he was within the law.


360 posted on 03/10/2005 8:01:40 PM PST by Annie03
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