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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: Heisenberg

Isn't it amazing and miraculous that Terri has survived all of these attempts on her life? She is a truly amazing woman.

Michael Schiavo wouldn't dare harm her now. The world is watching.

Go, Terri!


401 posted on 03/10/2005 8:47:13 PM PST by Saundra Duffy (Save Terri Schiavo!!!)
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To: Saundra Duffy

Thank you!!!

VERY MUCH!


402 posted on 03/10/2005 8:47:34 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: churchillbuff

Is it true that Greer and the 2 court of appeal judges who backed him up are all Republicans?

======

Yes, it's true. But they actually are what we call RINO scum bags. RINO = Republican In Name Only !!!


403 posted on 03/10/2005 8:48:17 PM PST by GeekDejure ( LOL = Liberals Obey Lucifer !!!)
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To: Heisenberg
Dr. Hammesfahr has been labelled a quack by Yale University Medical School.

I take this to mean that you have not examined Terri Schiavo and that you are not a board certified neurologist.

Now Hammesfahr is a board certified neurologist and was nominated for a Nobel in 1999 for his work.

Any Nobel nominations for your work with neurological diseases?

404 posted on 03/10/2005 8:50:28 PM PST by jwalsh07
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To: Heisenberg

LOL!!

THE COURT (GREER) IS A WALKING, TALKING EXAMPLE OF CONFLICT OF INTEREST! HE Coninues to LEGISLATE FROM THE BENCH! HE BREAKS LAWS! SHeeshk!

I am done with you. You are not interested in anything except banter-- I have better things to do...


405 posted on 03/10/2005 8:51:09 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
I have.. You assert conflict of interest. That requires proof. The court has found no conflict of interest.

LOL, two kids and a common law wife are not a conflict of interest? You live in an entirely different universe.

And proof isn't required for an "appearance of conflict". Evidently you didn't read closely enough.

406 posted on 03/10/2005 8:52:32 PM PST by jwalsh07
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To: eeevil conservative
Infuriating. My husband worked in nursing homes. Now my daughter and neighbors do.
407 posted on 03/10/2005 8:52:47 PM PST by eccentric (a.k.a. baldwidow)
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To: jackibutterfly

THANK GOD NO!

She is in Pennsylvania.


408 posted on 03/10/2005 8:53:20 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

Timelines reveal a lot. For example, look at the amount of time and effort Michael Schiavo put into Terri's care. He finally gave up around 1998, after it was determined that her cerebral cortex was gone.

I've read Wolfson's report and find that very revealing as well.


409 posted on 03/10/2005 8:56:53 PM PST by huck von finn
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To: DJ MacWoW

"Terri's body is part of the investigation. Greer has ordered, at Schiavos insistence, that she'll be cremated immediately after her death. No funeral. That will effectively stop the investigation."

No, what it will stop is Terri's gravesite being made into a shrine, and Terri a martyr for your cause. Michael is smart to have her cremated so that this will not happen.


410 posted on 03/10/2005 9:00:02 PM PST by flaglady47
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To: eeevil conservative

Whew! She, at least, stands a chance. My prayers for her quick healing.


411 posted on 03/10/2005 9:02:54 PM PST by jackibutterfly
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To: jwalsh07

Posted to you and meant another, and corrected it ...the other side of the coin is the tremendous amount of counter affidavits from professionals the Schindlers have amassed who, without reserve, (this even includes the surgeon who is the editor and chief of the medical bible-"Journal of Physicians and Surgeons" )state that Terri is in need of THERAPY, not DEATH.


412 posted on 03/10/2005 9:02:54 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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To: madprof98

No Christian with their head on straight can be nuanced. THOU SHALT NOT KILL is not qualified in the Bible. God's word NEVER leaves questions. People do. This is an ABOMINABLE situation. IF the People of Florida and the US for that matter, ALLOW this to go ahead, I predict there will be wholescale murdering of the incapicitated and inconvenient. This situation in Florida tho is so CLEARLY COLLUSION AND CORRUPTION. As the broken record I have continued to be over the last months, JEB BUSH HIMSELF, needs to exert authority. HE Governs the State of Florida , NOT that Bloated Buffoon Greer who cannot even see to read a legal brief. He's NOT fit for the bench, it's KNOWN and yet it goes on and on. The BUCK must stop somewhere and that somewhere is the Governors office!! CO


413 posted on 03/10/2005 9:03:10 PM PST by Canadian Outrage (All us Western Canuks belong South !)
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To: amdgmary
Greer's going to be overruled on this one.

L

414 posted on 03/10/2005 9:03:38 PM PST by Lurker (Remember the Beirut Bombing; 243 dead Marines. The House of Assad and Hezbollah did it..)
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To: huck von finn

Dec 1990 - Terri taken to California for experimental implant.

Jan 1991 - Terri moved to Bradenton Mediplex Rehabilitation Center.

Feb 1991 - Terri moved to home with husband.

Apr 1991 - Terri's condition is assessed as improving.

Apr 1991 - Terri's husband advised to move her to Gainesville Rehabilitation Center to receive advanced therapy to continue Terri's recovery.

Jul 1991 - Terri moved to Sable Palms Nursing Home.

Aug 1992 - Terri awarded $250,000 in malpractice settlement.

Nov 1992 - Terri awarded $1.4 million in malpractice trial.

Nov 1992 - Michael Schiavo awarded $600,000 in malpractice trial.

Feb 1993 - Michael Schiavo denies recommended rehabilitation treatment.

Feb 1993 - Schiavo and Terri's parents have falling out regarding lack of therapy for Terri.

Feb 1993 - Schiavo withholds medical information from Terri's parents.

Feb 1993 - Schiavo posts Do Not Resuscitate order in Terri's medical chart.


415 posted on 03/10/2005 9:05:25 PM PST by jwalsh07
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To: eccentric

INFURIATING is a GREAT way to put it...

My mom was devastated....

We almost lost her last year, I went through the grieving process several times over several months...

I am still very upset and affected, but just not devastated. NOW I AM VERY DISTRESSED AND PERPLEXED AT THIS NURSING HOME THOUGH! THAT IS FOR SURE!

I can't imagine how horrible it would be to just have people let you lay there without giving you any water and let you die...

I just can't imagine...


416 posted on 03/10/2005 9:05:30 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: montag813

#354 - YOU ARE EXACTLY RIGHT. Dr. Keyes on G. Gordon Liddy's program listed the CONSTITUTIONAL rememdies that Governor Bush has, This hand wringing about trying to find a solution is pure bull$*it!!


417 posted on 03/10/2005 9:05:38 PM PST by Canadian Outrage (All us Western Canuks belong South !)
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To: Republic

Amen brother!


418 posted on 03/10/2005 9:06:02 PM PST by jwalsh07
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To: flaglady47
No, what it will stop is Terri's gravesite being made into a shrine, and Terri a martyr for your cause. Michael is smart to have her cremated so that this will not happen.

Dear lady, you are entitled to your opinion but that's not the reason Schiavo gave to the court.

DCF told Judge Greer that it was destroying evidence.

419 posted on 03/10/2005 9:07:01 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Heisenberg
College Park skilled care and rehabilitation facility, Bayfront Hospital, Mediplex Rehabilitation Center, Sable Palms

What was the expert opinion from these places? Did they label her as PVS? Do they try to 'rehab' PVS?

420 posted on 03/10/2005 9:07:58 PM PST by eccentric (a.k.a. baldwidow)
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