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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: flaglady47
If Terri goes through starvation and dehydration for the ten days or so it will take for her to die, I guess you will be happy. If her life is spared, and she gets to go and live with her parents who love her, gets to sit outside in the sunshine for the first time in years, and starts therapy in an attempt to regain muscle strength (if the muscles are totally gone from years and years of zero therapy), I guess you will be sad.

Strange, that.

441 posted on 03/10/2005 9:40:19 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

Have you seen the full body bone scan results that were performed by a doctor ONE YEAR after her accident, by chance?


442 posted on 03/10/2005 9:41:41 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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Comment #443 Removed by Moderator

To: jwalsh07
was nominated for a Nobel"""

I've asked this before: Who nominated him? Can anybody send in a nomination?

444 posted on 03/10/2005 9:43:51 PM PST by churchillbuff
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To: Heisenberg; eccentric
6/27/1990
History & Physical Dr. Baras

Had been seen by me at College Harbor and started to make improvement. Started to show some vocalization where she will say no and occasionally has had some voluntary movement on command of eyes and mouth as reported by husband and mother. Ready for inpatient rehab program here at Bayfront. Physical exam shows easily startled to her name or when bedrail fell down. She will close her eyes to any threatening response around her face and blink appropriately. Tracking is inconsistent. Verbal output reported by husband and other family members and therapists at College Harbor. No voluntary movement on command at this time. Rancho Los Amigos probably about a 2, possibly 3. Responds to pain with extremity movement and moaning.

6/28/1990
Pulmonary Consult Report Dr. Thacker

Moaning type vocalizations initially; no sign of excess secretions requiring frequent suctioning; intermittently swallows, probably swallows her saliva without any trouble

6/29/1990
Neuro Consult Dr. Hernandez

Pt. is arousable and has roving eyes, altho I do not think she is following any commands. Moans, has moments of alertness. Pupils symmetrical and contents show a slight response.

7/10/1990
Progress Note Dr. Baras

Purposeful movement in right upper extremity seen by P.T., O.T. and me, but not consistent. Flexing rt. Elbow not as a reflex, but voluntarily

7/13/1990
Progress Notes Dr. Baras

Eyes open to voice, tracking, moving head toward sound, no voluntary movement consistently as yet, but does move right upper extremity

8/25/1990
Discharge Summary

Discharged from Bayfront Medical Center, pt did show some improvement in range of motion


445 posted on 03/10/2005 9:43:51 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Republic

"Strange, that."

Not really. As she has no cerebral cortex (most of it has liquified) she won't know if she is outside in the sunshine. She will just be used as a pawn in a sick game of look at me, I'm so wonderful keeping this shell of a body going, even if she has no cognitive abilities, by the Schindlers. Michael is the only one truly looking out for his wife and her dignity, not the parents.


446 posted on 03/10/2005 9:44:47 PM PST by flaglady47
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To: FL_engineer

It's on the daily thread from a couple of days ago. They posted the entire transcript. I will try to go back and find the post number for you. This Constitutional Scholar cannot believe this. He and Gordon Liddy called it Judicial Homicide. But he stated very very cleary that Governor Bush's hands are NOT legally tied. He can MOVE today. BB


447 posted on 03/10/2005 9:45:18 PM PST by Canadian Outrage (All us Western Canuks belong South !)
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To: flaglady47
"None of her family lives in Pa."

That's the point

I truly hope that no one ever treats you as cruelly and others take joy in it. We're talking about these peoples daughter. They love her. And this kind of cruelty is ok with you?

448 posted on 03/10/2005 9:47:25 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: flaglady47
Liquid stares in someones eyes?


449 posted on 03/10/2005 9:49:58 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: DJ MacWoW

You just can't accept reality, can you.


450 posted on 03/10/2005 9:52:59 PM PST by flaglady47
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To: flaglady47
There are lots and lots of people who disagree with that brain scan felos held up. Lots.

Regardless....she knows joy, feels pain, vocalizes along with music, laughs at her father when he tries to kiss her, used to speak words-mom, pain, help me until one day she stopped, she is aware of who is speaking and closes her eyes when her priest is visiting and says " let's pray, Terri'

But, I guess I was right in my post, you will be happy, if she is starved and dehydrated until death.

You do know Terri digests her food, don't you?

She metabolizes water and food and urinates and all the rest. She lights up when her family comes in, and moans, expressing great sadness when they leave.

Michael does not allow any objective person to video, interview or photograph Terri. With good reason.

As long as you and I cannot really see her (except for the short clip her parents got, breaking the law to EVEN DO THE VIDEO--and HOW THEY PAID for that one-but they were DESPARATE to show the world that their dtr is ALIVE, ALERT and certainly, she has fought to live!

Besides.....as long as you and others are thinking PVS, and worst of all HOSPICE....ya just have to think the woman is simply, basically, not worth the space she is taking up.

I guess that's it.

Bottom line....why would anyone want to take a chance of being wrong when someone's life is at stake?

Too bad the judge agrees with you.

He hasn't visited Terri ever, either, just like you and me.

451 posted on 03/10/2005 9:53:02 PM PST by Republic (Will michael shiavo and his concubine and children now preside over the murder of Terri?)
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Comment #452 Removed by Moderator

To: flaglady47
You just can't accept reality, can you.

Nope. I refuse to believe you're heartless.

453 posted on 03/10/2005 9:56:25 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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Comment #454 Removed by Moderator

To: Heisenberg

It is my understanding that her condition worsened after her collapse as time went on . Do you know anything about this? It seems to me that I read somewhere, possibly in Wolfson's report, that her condition only degenerated as Schiavo was trying during those years to rehabilitate her and that her brain degenerated to the point at which we see it today. (When was the particular scan you reference taken?)

This would certainly explain why the early photos look so much better than the ones from 2002 or so.


455 posted on 03/10/2005 9:58:10 PM PST by huck von finn
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To: Heisenberg
My God, son

Uh. I'm a grandmother, thank you.

456 posted on 03/10/2005 9:58:38 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: Heisenberg; eccentric
You said: " Four years of therapy. Their assessment?..No perceptable change."

I have several years of those reports. Now, you say they dont't matter. Which is it? Do they matter or not?

457 posted on 03/10/2005 10:02:20 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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Comment #458 Removed by Moderator

To: pc93
I think THIS just might be Schrödinger's Cat
with a SPECIAL message for the TROLLS here wanting Terri dead.


459 posted on 03/10/2005 10:08:22 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: Heisenberg
Dr. Hammesfahr has been labelled a quack by Yale University Medical School.

Using methods that the medical establishment denounces as unorthodox, he has, from what I've read, successfully treated many people the medical establishments had denounced as untreatable.

The medical establishment is very resistant to changes in the status quo. When they declare someone untreatable, they want them to remain that way (in part, perhaps, to avoid any perception that their earlier diagnosis was wrong).

460 posted on 03/10/2005 10:11:24 PM PST by supercat (For Florida officials to be free of the Albatross, they should let it fly away.)
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