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.
Mary you cannot see truth, or will not. I don't understand that, nor do I want to. It's frightening to realize there are people who will actively champion for evil.
Mary, you and Flaglady make me so livid that I'm glad you're not standing in front of me. For that reason I won't be responding to either one of you again on these threads, I'll let others beat their heads against the brick wall.
God forgive both of you...you need it dearly.
Judge Greer should be arrested and charged for ordering the murder of a disabled woman. How can one man play God and society have no recourse to correct his rulings?
Interesting.
Maybe Michael and Jodi are lurking here.
Aha! That's something I've been trying to put my finger on. I get this feeling about Judge Greer that he's trying to swat a fly with a hammer. Why is he being so heavy-handed, when he could simply be reasonable?
If he was reasonable, it wouldn't rule out his being firm, and the majority of the public wouldn't be in such an outrage.
We have the responsibility and obligation to act in opposition to immoral law. In this country, consciencious objection and civil disobedience have long been recognized as being valid.
If you're talking about the guardianship laws, no, I'm not. There is a training course that he never completed. The course is mandatory. He no longer files with the court a real guardianship plan and hasn't for sometime. As you read in the PDF that I posted to you, there's been no dental care for 11 years. That is part of being a guardian, scheduling routine medical and dental care. He hasn't done that and it's a violation.
And?
Then there is a possibility she might survive a feeding attempt by her parents. I think it should be tried. Why not? If she wants to refuse it, she could, and if her will to survive is strong enough let her accept. Let's keep this simple.
There's a difference between conscientious objection and breaking the law. If I'm engaging in a protest, I don't have the right to riot, break store windows, and steal merchandise that doesn't belong to me.
The guardianship violations have been investigated in the past.
That was in response to your post. Then why are you and others wondering why Michael would want to bury her in PA?
Not true. Then you work to change the law.
Yes and it was classed as unfounded by Nagatani who is a friend of Greers even though the investigator recommended pursuing it. Guardianship issues are still part of DCFs investigation and personnel has changed at DCF since the first investigation. You might be interested in this since it's part of DCFs case.
"The only evidence in support of removing Terri's feeding tube was the self-serving hearsay testimony of her guardian (which is not admissible under FS 90.602) and hearsay from two members of his immediate family,"
" Failure to file proper guardianship plan or report and the impact upon the health of the ward"
Nothing that won't get me banned.
Especially since none of her family lives there anymore.
So what. I live in New Jersey, but I certainly don't want to be buried here.
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