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.
Advertisement
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.
BTTT!!!
Or only the evil.
That judge is a patrician of organized crime. Know what I mean?
Governor Bush, PARDON TERRI!
>>>
Somebody needs to grow a set and call in the big horses...
You are one of the few who still has his brain in gear.
Actually, that's incorrect.
Press Release
Judge Greer Breaks Law to Ensure Terri Schiavos Death
Judge George W. Greer ignores Florida laws and orders the premeditated killing of disabled Florida woman by her husband.
Clearwater, FL On Tuesday and Wednesday, March 8 and 9, 2005, Sixth Circuit Judge George W. Greer issued three orders that all but assure the death of Terri Schiavo, beginning on Friday, March 18, 2005.
Order Denying Food and Fluids Naturally After Gastric Tube Removal
Greer ordered that the family of Terri Schiavo may not introduce oral nutrition and hydration following the removal of Terris gastric feeding tube. Florida Statute 744.3215 (Rights of Persons Determined Incapacitated) require that incapacitated persons cannot be deprived of necessary services including food and water. Ordering that Terri Schiavo may not receive nutrition or hydration naturally is against the law, in the opinion of the Foundation.
Order Denying Updated Medical Tests
Greer ordered that no further neurological tests may be offered to Terri Schiavo, utilizing functional MRI to determine if she is in a persistent vegetative state (As Greer found in 2002) or is her condition is minimally conscious. Florida Statute 765.404 which defines persistent vegetative state require that the condition be determined and diagnosed as permanent prior to the withdrawal of life-prolonging means. Further, Florida Statute 765.309 prevents mercy killing and assisted suicide. Without determining the true neurological condition of Terri Schiavo prior to the withdrawal of foods and fluids, the Foundation finds Judge Greers Order to remove Nutrition and Hydration a directive for her guardian to commit either a mercy killing or assisted suicide.
Order Denying Relief from Judgment
Greer denied an order from judgment based on his error in dismissing pertinent testimony in 2000 that would assist the court in determining Terri Schiavos true end of life wishes. Under Florida Statute 765.404, clear and convincing evidence of the wards intent for medical treatment must be established. The only evidence in support of removing Terris 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. Greer systematically ruled that testimony from Terris friends and family was unreliable or not credible. His failure to consider all evidence of Terri Schiavos attitudes towards life-prolonging measures, in the Foundations opinion, is a clear violation of Florida Statutes.
Statement of Pamela Hennessy, Media Director for the Terri Schindler-Schiavo Foundation: If there is a single person following this who doesnt believe Judge Greer has legislated from the bench, trampled Floridas laws and deprived Terri Schiavo of her retained rights, they are simply not paying attention. Disability and Eldercare advocates need to be calling for his immediate impeachment.
http://www.terrisfight.org/press/031005.html
What is amazing is the Federal Court in Connecticut let just about any party who wanted to, intervene in the Michael Ross case to save a miserable serial rapist killer and in this poor innocent vulnerable person's case, the court refuses to let her live. Some justice!!
I agree.
While related, it's still a side issue to the fact that Florida law allows the tube to be withdrawn. Fix that, and then you can focus on removing Michael as guardian. But at least there won't be the constant threat of an execution day for Terri.
They have taken pains to discredit any doctor who believes Terri is responsive and they push Dr Crandall, a euthanasia activist, as being authoratative. They believe that if enough buy the PVS story, no action will be taken.
The problem is the internet. We talk. We discuss why it is that no one is allowed to video tape or photograph Terri. There is no common sense in not trying to feed her by mouth. Why no new tests? Unfortunately, most of the press is lazy and they don't investigate beyond Felos declarations.
Btw, did you know Felos wrote a book? The guy is a whack job and thinks he's god and can channel patients thoughts.The book is listed on Amazon if you want to read reviews. I've posted the link to some info on him on FR.
WHY DO MICHAEL SCHIAVO, GEORGE FELOS AND JUDGE GREER WANT TERRI SCHIAVO STARVED TO DEATH?
Businessman Offers $1 Million To Keep Woman On Life Support
Gloria Allred's Law Firm Holds Money In Trust Account
1:11 pm PST March 10, 2005
LOS ANGELES -- Attorney Gloria Allred said she would hold a news conference with one of her clients Thursday afternoon to make an announcement regarding the case of Terri Schiavo, the Florida woman whose feeding tube is scheduled to be removed on March 18.
Allred said the client is a businessman who has deposited $1 million into her law firm's trust account to offer Schiavo's husband, Michael, if he agrees to certain conditions to keep his comatose wife alive after the feeding tube is scheduled to be removed.
Meanwhile, the state of Florida is moving on two fronts to try to block the March 18 removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children and Families wants to intervene in order to investigate allegations of abuse and neglect by the woman's husband. And in Tallahassee, Republican lawmakers crafted a bill requiring that Schiavo and other incapacitated people be afforded water and nutrition unless a living will directs otherwise.
The husband has a court order to stop her artificial feedings. A DCF attorney told a judge Wednesday that the court cannot impede an agency investigation. But the husband's attorney argued that the agency's last-minute attempt to intervene is politically motivated, especially because dozens of previous complaints to DCF have failed to yield any evidence of abuse.
The attorney told reporters that the agency is simply acting as an arm of Gov. Jeb Bush's office to try to undo a court order they don't like.
http://www.nbc4.tv/health/4272987/detail.html
Wow! This is the type of thing I fantasize about doing! Anybody know who this businessman is?
Seems the SOB black robe one, has his head so way up his A**, NOTHING is going to change his mind. Terri, unfortunately has been given a DEATH sentence. Starvation is a cruel and inhumane punishment, they outta just, this will sound terrible what I'm gonna say because there is no higher step the parents can take but, for the sake of mercy they outta end her live with a lethal injection, a quick death, and not by starvation...I feel so bad for the family and Terri..:(
Let them know that you expect quick action and that there will be hell to pay if there isn't.
FEEL MY RAGE BTTT
The businessperson who, through attorney Gloria Allred, has offered Michael Schiavo a million dollars to walk away will be on Hannity & Colmes tonight, Thursday - March 10, 2005 at 9.00pm ET.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.