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.
Correct. Many people do not realize it, but an appeals court cannot overturn a trial court finding if it could be justified by looking at all evidence supporting it in the best possible light and all evidence opposing it in the worst possible light. If a judge finds a pathological liar's self-serving testimony to be credible, and the testimony of honest people to be not credible, no appeals court is allowed to question his judgement.
Yes, I agree. Jeb Bush SHOULD stick out his political neck, and order a SWAT team to rescue Terri.
If Janet Reno could do it with Elion for the wrong reasons, why can't Jeb Bush do it for the right reasons?
Evidence surfaces that Michael Schiavo sought information possibly on funeral arrangements for Terri as early as 1993
It was recently discovered (September 2003) that sometime in the year of 1993 a file was completed on Terri Schiavo at a Pinellas County funeral home.
Interestingly enough, it was January of 1993 that over close to a million dollars was deposited in a medical trust fund specifically for Terri’s life-long future rehabilitation and care.
Additionally, it was in the summer of 1993 when Michael Schiavo admitted to trying to withhold antibiotics from Terri knowing that the infection she had would have killed her if it went untreated.
Coincidentally, Michael Schiavo is the inheritor of Terri’s medical trust fund and would have been the recipient of close to a million dollars if Terri would have died in 1993.
October 2002, Michael Schiavo petitions court to have Terri’s body immediately cremated upon her death
October 2002, Michael Schiavo petitioned Judge Greer to have Terri's body cremated immediately upon her death saying that Terri was always afraid of bugs and such, and for this reason would have wanted to be cremated.
http://www.zimp.org/stuff/23%20-%2093Funeral03Cremation.htm
Let's see. Michael withheld Terri's antibiotics when she had an infection which could have caused her death, AND made funeral arrangements, AND wanted her body cremated which would cover up the fact that she had multiple broken bones.
Anybody smell a rat?
"I AM THE KING OF THE WORLD!!!!!" "judge" Greer
One thing I know is that there is euthanasia by commission and there is euthanasia by omission. Starving someone is euthanasia by omission. Yes, it is murder, and a ghastly, torturous way to die. Nothing but sheer agony.
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.
Once again, someone *would* be making Terri starve by withholding nourishment - euthanasia by omission. But if she IS in a PVS, and she choked on food given orally, actually it would be a much faster death than by dehydration. In comparison it would be vastly more merciful! Death by dehydration is really messed up. And if Terri has no cerebral cortex, the part of her brain she still has - the part responsible for her involuntary movements - can still feel pain. So we really can't say that Terri would not feel pain.
By the way, the more people that are killed that way means less parts available for organ donations. The organs actually dry up, and the blood moves to the center of the body. Actually, the only place there is any blood left is in the tongue. I saw a picture. Ew.
What I do have a problem with is Judge Greer ordering that no one feed Terri by mouth. Ordering it twice. She has been fed jello and swallowed it. I was told by another Freeper who agrees with you that that was irrelevant. But it's not.
Yes, I agree with you there.
Yes it is irrelevant. However, it's fine with me if Terri is fed jello. Just make sure it's her parents who feed it to her, as she will choke and die if they attempt it. But it's their call.
I think you make a good point here. Yes, let them take the responsibility, and I said before, it's a lot more merciful for Terri to go fast than die by dehydration.
YES!
Beaten, choked, abused, neglected, starved, dehydrated, and then cremated immediately. No visitation by family or friends either.
Yeah, I think that is the right order.
God forgive me for thinking what I'm thinking about that POS MS.
Then it falls into the hands of 'We the people' to overturn this conviction and sentence.
I think that she needs to be moved to a safe house out of state.
I think Felos is the real devil, Bob Schindler told me that he tells Greer what to do and say.
Felos did an interview yesterday and encourage Michaels supporters to contact their legislatures. How original.
There are many in this forum who say he's doing it for the money. As for prison time, that's already been addressed as well.
Michael is a guardian, not a guardian ad litem. Those were other people.
The bone scan has been addressed many times over by many, including me. The "violations" of guardianship have been addressed as well. As for Michael being spiteful, I'll agree with that. But I think it's quite a strecth to say he's doing this only for spite.
You're wrong on all counts on this one.
Hallesfahr claims he was nominated for a Nobel prize. There's a big difference.
The falling out was over money.
She grew up in PA.
I guess I came in late. Please refer me to your previous comments about the bone scan and violations of guardianship. I am interested in learning more.
I believe it's on a different thread. But the results of the bone scan have been posted several times. Also, there is a link to the entire testimony of Dr. Walker(?) who wrote up the results of the scan. You have to read the entire testimony. It does not in any way imply that Michael beat her or strangled her, as many on FR are espousing. It offers several different reasons for the dark spots on the scan. I'll try and find the link later.
Right, Terris rehabilitation fell out of favor with Michael when the money fell in Michaels lap.
I would agree with that completely.
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