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.
I hoped it was legal, but I didn't think it was. And if I didn't think it was, I was certain that the Florida courts would take an even dimmer view of it. So that ruling came as no surprise to me, or the overwhelming number of legal commentators who opined on it at the time.
I don't know what possessed the Florida legislature to attack the problem in that manner. Surely they have legal counsel who could warned them that this probably wouldn't fly.
All they have to do is eliminate artificial feeding and hydration from the applicable code. Clearly constitutional. Case over.
No, Dog Gone - The problem IS the judge. WHY is HE the ONLY one who can make ALL the rulings, and WHY does he strike down ALL motions (and they're reasonable) by the parents??? Why won't he allow tests, why is Terri in a hospice (of which he has connections), why does he not recuse himself, why does he allow Michael to be her guardian, etc, etc. It's so in-your-face, and blatant that he's going to do whatever HE wants. This is so unbelievable!
Also consider that in 1990, a feeding tube was not classed the same as a ventilator or respirator. It was only included, in Florida, in 1999.
If seems that if only Terri could swallow, the husband and Judge would be thwarted.
Judge Greer won't take that chance. He's ruled twice that Terri is not to be fed by mouth.
DCF has not yet said what they'll do.
>The problem isn't the judge; it's the law and always has been. It's completely and easily fixable.<
Let's hope the Florida legislature gets off its collective duff and fixes it.
And he is NOT following the law as it is written. The law states that the person must be PVS (which means no response at all) for the guardian to have the feeding tube removed. Greer has ruled that Terri is PVS, even despite the evidence (which he refuses to look at or dismisses) to the contrary. He even REFUSES to let her have additional tests - why?? Where is the harm? And he has never been to see her to find out for himself what her condition is. AND, to top it off, he won't allow ANY videos or pictures to be taken of Terri - which would prove that she isn't PVS. What the He!! is he doing???? And you say WE are savaging HIM? He's an absolute monster and deserves to be "savaged"!
What about her husband not filing proper paperwork as far as bieng her guardian? I'm not sure of the details but that's what I've read. And he has reversed his decisions several times so I don't see how he's following the law.
I'd easily got to jail for my kids if their life was hanging on the balance and I could do something about it, but that is just me!
I have no idea. If DCFS doesn't take Terri into protective custody I fear Terri will die sometime in the next couple weeks.
Just tell the legislature to fix the problem. THEY caused it.
" Judge Greer won't take that chance. He's ruled twice that Terri is not to be fed by mouth."
I think Mark Levin should amend his book title to " Evil Men in Black."
It seems that if Nicole Simpson had survived, but, was in a similar state as Terri, Judge Greer would have given OJ the ok to starve her.
Would it be inappropriate to say something needs to be done about this arrogant son of a bitch right now?
Death row inmates get about 20 years for appeals.
I believe that. This case is the "Roe v. Wade" of the euthanasia movement.
I agree, the legislature caused the problem in the first place and now they need to fix it.
You ARE right about that. BUT, how does on "tell" them? I've e-mail them, and EVERY SINGLE ONE of my e-mails came back with that automatic response, "Thank you for your e-mail . . ." and I never heard from any one of them. I've also called, and just get voice mail. So, what do you do??? It just seems hopeless.
Felos took that and pressed it to allow her death.
So Michael could be 'free'. So his conscious wouldn't bother him.
They knew what Judge to use, one who would support whatever he was told (because he sure can't see it for himself).
The judge is making a CORRECT RULING , but it is based on evidence presented by those with an agenda. They have enlisted 'other' help, and had Terri put in a medical environment that FELOS had total control over.
Greer is just a dirty politician who is being used, Michael is just an organized crime enforcer who wants to be free, but must do so according to Catholic rules (If Terri dies, then Michael can get remarried and have the benefit of .....).
Even if Terri were NON AWARE, I could not stand by and allow SLOW STARVATION. We have to come up with a better way of determining the truth of these situations, and a way to deal with it when it does occur.
To all appearances, it is being misused in this case, and should not allow to continue. Only the blind do not see this.
They know it too. Meanwhile, as always, the "Christians" are divided. And why not, when the issue is so nuanced!
If the same judge does the appointing, I am not sure this would be a big help to Terri. Still praying for miracles here. Hope DCF goes for protective custody - and SOON.
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Not everyone is going to stand by while Terri is murdered by starvation.
Not in America 2005.
We saw what happened to Elian, we saw what we're up against.
We aren't going to allow Terri to be murdered...who's with WE?
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