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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: Sun
"Clear and Convincing Evidence' of Schiavo's Wishes Challenged (March 3, 2005)"

That's what this entire decision to STARVE Terri rests upon. And it just isn't there.

501 posted on 03/10/2005 11:30:09 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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Comment #502 Removed by Moderator

To: flaglady47

Now you are changing the subject. You said: "something that falls under the definition of euthanasia. Euthanasia is ASSISTING someone in ending their life."

That's why I said to start another thread, because no one is ASSISTING Terri. They are MURDERING Terri.

Then you said: "No one is sticking a needle in Terry, or doing anything to her other than removing a feeding tube so that she can be in her natural state. It is called not using any artificial means to keep someone alive, especially as the husband states that his wife said she would not want to be kept alive in the kind of circumstance she is now in."

Then when I told you that many people use feeding tubes, some of them are children, YOU CHANGED THE SUBJECT and said that they are not PVS.

Well since you decided to CHANGE THE SUBJECT, Terri is not PVS. People with PVS don't laugh a jokes, or cry, and say a few words, and try to talk. Terri could talk with THERAPY, but Michael won't allow THERAPY.

BTW, you must know that you are wrong, otherwise, you WOULD NOT CHANGE THE SUBJECT when losing an argument.


503 posted on 03/10/2005 11:31:10 PM PST by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: TAdams8591

504 posted on 03/10/2005 11:31:57 PM PST by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: Heisenberg
The Governor can instruct the DCF to take Terri into custody.

Constitutionally, the Governor himself, can also take Terri into custody.

505 posted on 03/10/2005 11:34:08 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Sun

"People with PVS don't laugh a jokes, or cry, and say a few words, and try to talk."

And neither does Terri. You live in a fantasy world.

And, BTW, I can't continue to argue with someone who is irrational when it comes to the Schiavo case. So, good nite, and sleep tight.


506 posted on 03/10/2005 11:34:14 PM PST by flaglady47
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To: DJ MacWoW

LOL!


507 posted on 03/10/2005 11:35:23 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Dog Gone

A judge is supposed to be impartial.

I think that you'll agree that he has long since lost any impartiality if he ever had any. He wants to see a specific outcome. He is not supposed to care who wins. It's clear that he wants her to die.


508 posted on 03/10/2005 11:36:09 PM PST by Badray (Quinn's First Law -- Liberalism ALWAYS generates the exact opposite of its stated intent.)
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To: Heisenberg
How many MRI's are required to show that she has no cerebral cortex?..

What's one more MRI? If Terri had no cerebral cortex, then it will still not be there. Let's make sure it's still not there is what I'm saying. Maybe it's there. Maybe there was a miracle or something. Let's just make sure.

509 posted on 03/10/2005 11:38:15 PM PST by Lauren BaRecall (Let me go indulge myself with a bit of chocolate Haagen-Dazs Life Support.)
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To: PhilDragoo
That's it!!!!!! LOL! I love that one.

I would say Judge Greer is a POOR finder of fact. GREER chooses to HEAR the HEARsay he wants to HEAR.

510 posted on 03/10/2005 11:39:08 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Badray

Please see #510.


511 posted on 03/10/2005 11:40:26 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: DJ MacWoW

Ping to #509.

Am I making sense here, or what?


512 posted on 03/10/2005 11:40:32 PM PST by Lauren BaRecall (Let me go indulge myself with a bit of chocolate Haagen-Dazs Life Support.)
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To: TAdams8591

Yes, it is a right-to-live case, but it is also a right-to-kill case. Judge Greer is doing everything he can so that her husband call kill her.

I can't understand how Greer can get away with not allowing the DCF to investigate, not reviewing the fact that he claimed Terri was a minor, when she was an adult when discussing the Karen Quinlan case with her friend, and all the horrible things that he has done.

Are there no checks and balances?

If Greer, Michael and Felos get away with this, it will set a precedent and every guardian might have the right-to-kill, if a patient is too ill to fight for themself.

With our prayers, and hard work, they won't get away with this.


513 posted on 03/10/2005 11:41:21 PM PST by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: Hildy
Why do you think this is happening. Put aside everything I've said, because I am really curious as to why the courts keep backing this up. Why?

COURT. Singular. One. One court. One judge. A judge who is not impartial. Whether it is his god-like ego or a specific agenda, I don't know, but he is too emotionally involved in this case.

Just like MS should be removed as guardian because of his obvious conflict of interest, this Greer should be removed because he is no longer objective.

514 posted on 03/10/2005 11:42:27 PM PST by Badray (Quinn's First Law -- Liberalism ALWAYS generates the exact opposite of its stated intent.)
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To: Badray; Dog Gone

Just wondering if Terri wanted to be CREMATED as well as STARVED?


515 posted on 03/10/2005 11:43:23 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: flaglady47
No one is making her starve. She is incapable of eating as she is in a persistent vegetative state. If she can pick up a spoon and fork, then she will live. But she can't, can she.

So parents should let their kids starve if they're not born with the ability to eat with a spoon and fork?

516 posted on 03/10/2005 11:46:08 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: flaglady47

Ahh, but Terri DOES laugh a jokes, cried when Michael was in her room, says a few words, and tries to talk.

My favorite video of Terri is the one where she laughs when her dad reminds her of when she used to tease her mother, and roll her eye (Terri had "lazy eye").

If anyone wants to see this video, which only takes a minute, visit:

http://www.freerepublic.com/focus/bloggers/1345652/posts?page=28

Then go to Post #28 & click the link.

Keep in mind when Terri makes sounds, she is attempting to talk, but needs therapy in order to talk. Even without therapy, Terri can say a few words. Sadly, Michael won't allow her to have ANY kind of therapy.

Have a good sleep. Perhaps after a good nights' rest, who knows? Sorry I bested you.


517 posted on 03/10/2005 11:48:55 PM PST by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: Lauren BaRecall
Out of respect for her family, GREER could have granted their request for additional testing. If Terri's brain is as bad as the court believes it is, what would it matter?

Greer decision about the additional testing is more evidence of his lack of impartiality. So too his decision about Terri's cremation.

518 posted on 03/10/2005 11:50:14 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Ciexyz
Jeb Bush should order a SWAT team to go into that hospital and rescue Terri immediately. They can take her to a safe house where no one would know where she was. An abuse wife can check into a shelter and her location will be kept from the husband.

The Legislature may not move on this one because they have the elderly voters who have retired in Florida to consider. Somebody is pushing to have these elderly voters euthanized when they become a burden. And, these elderly voters have not thought through the ethical questions enough to mount the necessary strong opposition to this barbaric act. Many of them have gone through the Great Depression and World War II. They feel that they have lived a long enough life and, when their cards are up, it is OK to bite the bullet and "give one for the Gipper." They don't know that it is long time for them to speak out against euthanasia. They don't know that when that door is open, we will have a society that will treat humans with no more dignity than the family pet. They don't know that it is time to speak up for the dignity of all human beings. They don't know that such forces as the insurance industry will pressure health care providers to pull the plug early and often in order to prevent payouts that will eat into profits. They don't know (or care) that unscrupulous health care providers will conspire with family interests to murder that old grandfather so that he can be taken out of the picture before the inheritance is all spent in the rest home. They don't know that the forces of death will come after the life of anyone that is inconvenient or that can be exploited economically.
They don't know or care that the forces of death will come after the young or old. In fact, the forces of death will come after all life when people sit down and fail to stand up for life. It is time to say that no politician will get one dime of money for their reelection if they do not get legislation signed by Governor Bush to stop the madness now, and save the life of Terri Shiavo.

The forces of death will come after those who, after living that good life, think it is OK to treat life as cheap because they are tired of "one more boring day in Paradise." When life is cheap, it will become one more boring day in hell.
519 posted on 03/11/2005 12:00:42 AM PST by jonrick46
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To: TAdams8591
If Terri's brain is as bad as the court believes it is, what would it matter?

BINGO! It wouldn't matter for Judge Greer to allow it, but it would provide confirmation for the Schindlers, and all of us. We would have to face reality at that point, and finally put that part of it to rest.

I say to have one last MRI to confirm the truth to us. Is that too much to ask?

520 posted on 03/11/2005 12:03:46 AM PST by Lauren BaRecall (Let me go indulge myself with a bit of chocolate Haagen-Dazs Life Support.)
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