http://www.theempirejournal.com/0311051_schiavo_attorney_felos_n.htm
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.
We agree here.
But of course you know better than they do.
I *do* know that if Terri died as a result of being fed orally by the Schindlers, it would not be as a result of euthanasia, because their sole purpose in feeding her would be to sustain her life.
I also know that it would be far more merciful for Terri to die by feeding, because it would be quick. It is a cruel and inhuman abuse to let a person dry out for a period of up to two weeks.
I don't think you meant to post to me, as I haven't posted to you before. I don't know what you are talking about.
Your post #623 was addressed to me.
Whoops, sorry. So I did. Thanks.
ContraryMary - did you READ that link in post #631?? It's really scary, and it sure clicks. Check it out - it'll only take you a minute.
Ok :o)
Yes, I read it. While there are some valid points, others are over the top.
"I also know that it would be far more merciful for Terri to die by feeding, because it would be quick."
On this particular point you and I are in agreement.
I'll agree with the two of you as well.
lol, talk about your left-handed put downs.
I can always tell when I am winning a debate with a social liberal when they A) change the subject; B) tell half-truths or nontruths C) attempt to put me down; D) call names; E) well, that's enough for now.
So far you are guilty of A), B) (last evening); C) (this evening). You haven't done D) yet, congrats.
OK, back to Terri. Last night I presented you with my favorite video of Terri, and, if you please, watch it and comment on it, and then tell me if you think Terri is PVS.
This is not a trick. I repeat. This is not a trick.
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.
What a heck of a link ping - I think the Terri threads have the best graphics, and you continue to make a major contribution! I like that you're linking articles. Looks good, please do more.
I haven't read that article yet. Thanks, going there now.
(Personal favorite: "Il Duce" - it's just THAT good.)
"I can always tell when I am winning a debate with a social liberal"
That's funny. You've been on this website almost exactly one year. I've been a Freeper almost since the beginning; joined in 1998. That's an awfully long haul for a "social liberal" to remain on a conservative website. You probably joined up because of the Schiavo threads only. Wonder if you know about anything political other than the Schiavo issue. Doubt it.
Good.
Good. It's very good when common ground can be found.
So what did you think of the video that proves you wrong and shows that Terri is not PVS??
Be careful what you wish for:
The Will to Live
When Marjorie Nighbert entered a nursing home after having a stroke, she did not expect to be starved to death, but that is what happened when she became a victim of her own "wishes."
Like many people, she did not want her life to be prolonged when death was imminent. So Nighbert created a durable power of attorney (DPA), in which she gave her brother control over medical decisions in case she could not make them for herself. And according to the family lawyer, Nighbert said she did not want a feeding tube if she became terminally ill.
When Nighbert fell ill the nursing home followed the orders of the DPA and denied her food and water for two weeks. But then something unexpected happened: She asked to be fed. A court battle ensued, and the court ultimately upheld the nursing home's decision to deny Nighbert food and water. According to the judge, Nighbert was not competent to ask for food, and to give her food would constitute "extraordinary means."
Nighbert died on April 6, 1995.
http://www.feministsforlife.org/taf/1995/winter/wiltoliv.htm
To prevent people from suffering the same fate as Marjorie Nighbert, the National Right to Life Committee (NRLC) has created the Will to Live. This differs from the living will by being based on a general presumption for life. It is also much more detailed to avoid ambiguities that could later be interpreted in favor of death. Currently, the Will to Live is complete for fourteen states: Alaska, Arizona, Georgia, Idaho, Kansas, Kentucky, Maine, New Mexico, New York, North Dakota, South Dakota, Washington, West Virginia and the District of Columbia. The other states are in various stages of preparation and will be completed soon.
If you would like a Will to Live for one of the states mentioned, send a business size, self- addressed, stamped envelope to:
The Will to Live Project
419 7th Street, NW, Suite 500
Washington, D.C. 20004.
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