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 disagree. If Michael and the Schindlers sat down together, as Bishop Lynch has recommended, in a neutral setting, with a neutral counselor who is compassionate towards all sides, I think they could come up with something that is considerate of the grief of all the parties.
I do know this has been tried before. Jay Wolfson came very close to reaching an agreement. I seriously doubt another attempt would yield any better results.
I don't get it - why does there have to be ANY grief??? If Terri could be given to her parents to care for her, who would be grieving??
You speak like she is already dead.
In the begining, he told too many people that he didn't know what Terri would want. I know they've been "discredited" but it's hard to believe that they are all lying and only he is telling the truth.
This is a display of power. Judge Greer rules in his favour regardless of law and other evidence and Schiavo knows this. This is spite. Keep in mind the guardianship laws that have been flouted. I've already listed a few in another post. And Schiavos own testimony about his being angry at the Schindlers. It's posted on this thread too. Even Schiavo isn't claiming that Terri wished to be buried in Pa as her life and family were in Fla. This is an angry man who no longer has a use for Terri or her family.
If you don't believe that, consider that the last time Terri was starved for 6 days, not only did his fiancee stand guard to make sure no one tried to feed her, so did Jodi Centezones mother. I believe that to be extremely cruel and insulting. This time, the Schindlers have a court order allowing them to be present.
I don't know. This is coming down to the wire. There's a feeling of finality now, that wasn't there previously.
Maybe they'd need someone spiritually based. Maybe the Bishop, himself, if that would be agreeable to all parties. Just a thought.
Swallow therapy would be more effective than a swallow test for confirming ability to swallow. I found this thread in my travels, and it's very interesting just for the science alone. You never know when being aware of info like that may help you out one day:
http://www.freerepublic.com/focus/f-news/1358619/posts
I think you have the right idea to just make sure about everything before something happens that can't be undone. :o)
Terri swallows saliva all day, every day.
This is a display of power. Judge Greer rules in his favour regardless of law and other evidence and Schiavo knows this. This is spite.
I think it's also fair to wonder why Michael decided to send Terri's remains to PA. I think Judge Greer could have very easily given that point to the Schindlers. To me, this doesn't look good.
That said, in the end I think it's really none of our business. We cannot possibly know what they are feeling, what is going on in their minds, what their life circumstances are. It's not for us to judge.
I believe that it is society's business to keep a vigilant watch. Society dropped the ball with abortion. Now there is the internet and people are more informed.
You may not like the parallels but a lot of the German populace had NO idea what was happening at such places as Auschwitz. People do need to be vigilant.
I honestly cannot draw a parallel between state-sanctioned and state-led death and personal family decisions. To me they are very different.
"Let's keep this simple."
Fine, just as long as it is the parents that try to feed her the food. Of course, they will probably kill her doing so. But if they want to try, it's their business. No objections here to handfeeding her; just know what the consequences will undoubtedly be, as per doctors' opinions. But of course you know better than they do.
What a stupid statement to say that Sun is living in a fantasy world. Obviously you are the one who is either confused or wants to disrupt.
Yet another one living in a fantasy world. Enjoy it.
What a stupid statement to say that Sun is living in a fantasy world. Obviously you are the one who is either confused or wants to disrupt.
Yet another one living in a fantasy world. Enjoy it.
P.S., anyone who disagrees with the prevailing viewpoint on these threads is, according to the Terri supporters, a disrupter. Anyone.
"Have a good sleep. Perhaps after a good nights' rest, who knows? Sorry I bested you."
You seem a very childlike and naive person. Probably very nice, but you practice the fine art of self deception with vigor.
So parents should let their kids starve if they're not born with the ability to eat with a spoon and fork?
No, only those that have a non-functioning brain (persistent vegitative state). And when the husband is the guardian and decides what he feels is best for his wife, according to the law.
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