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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: montag813

>>the separation of powers doctrine

You're RIGHT. Greer is going to regret flaunting THAT one!

It works both ways!


361 posted on 03/10/2005 8:02:59 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: montag813

Greer obviously believes that all 3 branches of government were created EQUAL....

Except that HIS branch is MORE equal than others.


362 posted on 03/10/2005 8:04:39 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: FL_engineer

Greer thinks the judicial branch trumps the other two; unfortunately, while that is NOT a fact, it sure has been a long-standing "tradition." How often has the other two branches used their equal powers?


363 posted on 03/10/2005 8:05:04 PM PST by nicmarlo
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To: Annie03
FOR PETE'S SAKE! PAY ATTENTION! I ALREADY DID! LINK! 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! 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!
364 posted on 03/10/2005 8:06:12 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: eeevil conservative
What is really creepy about felos is that HE was the one that was instrumental in getting the FLorida legislature to ADD to the definition of ARTIFICIAL LIFE SUPPORT, ie breathing ventilators to INCLUDE......

Food and water

And he DID this, working with Michael, so that they could make Terri's SO CALLED WISH to not be on any kind of life support FIT HER CONDITION!

Before...giving sustanence was considered regular maintenence...not medical interference....I guess infants are on life support too, and Parkison patients who cannot lift their spoons, annd I suppose that means stroke victems, etc too!

Heck....we are ALL on LIFE SUPPORT......right now, mine is a little melted Brie.

Food is artificial life support!

We must make CERTAIN that none of us engage in using it....felos might appear at our door.

365 posted on 03/10/2005 8:06:16 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: All

P.S. IS A STRAW AN ARTIFICIAL LIFE SUPPORT MECHANISM?


366 posted on 03/10/2005 8:07:16 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: jwalsh07
I tend to agree with you. Jeb should get a law passed at midnight, and jet the poor thing out to the Bahamas before day break, before the robes have brushed their teeth. I don't Jeb wants to be president anyway. Enough already.

Yep, Torie sometimes changes his mind. Not that often really, but it happens.

367 posted on 03/10/2005 8:07:34 PM PST by Torie
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Comment #368 Removed by Moderator

To: Heisenberg
There is no Heisenberg Certainity Principle. But that is neither here nor there

LOL! I've seen the play.

369 posted on 03/10/2005 8:08:17 PM PST by huck von finn
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Comment #370 Removed by Moderator

To: Annie03
NO, DCA said he was within the law.

Judicial godhood run amok. Ok.

371 posted on 03/10/2005 8:11:39 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Annie03
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.

Is it unfair to ask your husband to write down on a piece of paper that he wants his food AND WATER stopped?

372 posted on 03/10/2005 8:12:18 PM PST by eccentric (a.k.a. baldwidow)
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To: Heisenberg
Reflexively. Certainly not cognitvely. To respond cognitively requires a cerebral cortex which Terri Schiavo doesn't have.

Dr. William Hammesfahr says her movements are not reflexive but a respnse to stimuli. Did you examine her also?

373 posted on 03/10/2005 8:14:45 PM PST by jwalsh07
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To: Torie

Cool! I'm with you, no dynasties. He's a good man, and so are you, but enough is enough. Get her the hell out of there.


374 posted on 03/10/2005 8:16:47 PM PST by jwalsh07
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To: eccentric

My grandmother was rushed from her nursing home to ER today. They called my mother and told her they didn't think she would make it through the night. when she got to the Hospital they pumped 2 quarts of fluid in her...

it appears she was DEHYDRATED! Can you imagine!?

By Judge Greers standards- I guess it is no fault of theirs. No one told them she needed LIFE SUPPORT!

We still don't know if she is going to pull through this-- but she is doing MUCH BETTER! Just a little water...


375 posted on 03/10/2005 8:18:16 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
Judge Greer is merely following the law that the Florida Legislature enacted under the advice of the best experts available.

This is false. The law demands a guradian ad litem if even an "appearance of conflict" is seen.

Two kids and a common law wife would seem to fit that description.

376 posted on 03/10/2005 8:18:34 PM PST by jwalsh07
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To: jwalsh07

Best experts!!! LOL Have you seen the other side of the coin?


377 posted on 03/10/2005 8:20:43 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: Heisenberg

OOOPS my above post was for you!


378 posted on 03/10/2005 8:21:29 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: Dog Gone
She is profoundly brain damaged at the very least.

Reassure me that she will not suffer when she spends weeks dying NOT of starvation, but by dehydration.

379 posted on 03/10/2005 8:22:13 PM PST by eccentric (a.k.a. baldwidow)
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To: ContraryMary
Some guy who is on Hannity and Colmes right now just offered to pay Michael $1,000,000 to transfer custody of Terri to her parents. For all those who say that Michael is doing this for the money, this is truth time.

What about those who say Michael's doing it to avoid prison?

380 posted on 03/10/2005 8:26:20 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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