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Judge Greer denies Schindler family's last hope to save Terri Schiavo
MSNBC ^ | 3/26/2005 | N/A

Posted on 03/26/2005 9:10:00 AM PST by sockmonkey

breaking


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: greer; itsaheckofacountry; parentsrights; schiavo; terri; terrischiavo; terristarvation2005
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To: cspackler
I may be a moron, too, but I would never vote for Jeb, either, now.

He is much too timid to be POTUS.

And he will pay for 'almost' having cajones by the MSM.
It is nonstop on the MSM against him now for going against the Murderer-Judge.
He should have finished it. One doesn't go against a 'king' half way.

61 posted on 03/26/2005 9:21:27 AM PST by Diogenesis (Si vis pacem, para bellum)
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To: over3Owithabrain
What Greer is doing and all the courts have ignored is denying her the opportunity to have food or water by mouth. That is active euthanasia and is not permitted under Florida law. Whether she could take water or not is immaterial and in any case we don't know what would happen, at least it would give her a chance and she has none right now. On this order at least I believe the Shindler's have the law on their side -- giving water by mouth is not in any shape, fashion or form artificial life support as mentioned in the Florida statute. Any outcome of a trial of drinking, even death by choking, is preferable to what is going on now (see Terri's Last Chance article in the Weekley Standard)

What I cannot figure out is why Jeb Bush and her parents are so focused on getting the feeding tube back in when it is clear that this will not happen and that Greer does have the legal authority to take it out under Florida law when this other clearly illegal order by Greer is apparently going unchallenged.

Evidently the state law was changed in April 1999 - House Bill 2131 was introduced in the legislature by the Florida Elder Affairs & Long-Term Care Committee to amend Section 765 (Civil Rights) of the Florida Statute to include food and water in the definition of life prolonging measures. This is the cite I have been given:

Amendments to Section 765.101 = legal definition of life prolonging procedures to add: "INCLUDING ARTIFICIALLY PROVIDED SUSTENENCE AND HYDRATION, WHICH SUSTAINS, RESTORES, OR SUPPLANTS A SPONTANEOUS VITAL FUNCTION". It becomes law on October 1, 1999.

The key words here are "ARTIFICIALLY PROVIDED." This part of the law authorizes Greer to remove the feeding tube but in no way authorizes him to stop Terri's parents or caregivers from giving her food and water NATURALLY by mouth.

Greer denied the motion made by Terri's parents to give her food and water by mouth on March 8. I have tried without success to find out if anyone has challenged it even talking to someone in Jeb Bush's office yesterday who did not know but said he would "pass along" my comments to the legal team. I have been unable to get through to anyone on the Shindler's team despite many efforts including sending an email message (no phone number) to terrisfight.org. They post no telephone number (and information has none) but there is an address. Can anyone get through to the Shindler's? Maybe someone in St. Petersberg can go to the terrisfight organization address and find someone who can get through to the Shindlers and ask these questions.

Unless there is something in the law that has not yet come to light, and I have trouble believing any legislature has given a judge the power to stop a person from being fed by mouth, then this order is clearly illegal and an abomination as well as an eggregious abuse of judicial authority.

FOR HEAVEN'S SAKE, AND FOR THE SAKE OF OUR CONSTITUTIONAL REPUBLIC, SOMEONE CHALLENGE THIS JUDICIAL POWER GRAB AND HAND GREER HIS FIRST DEFEAT AND GIVE TERRI SOME CHANCE!!! JEB BUSH KEEPS SAYING HE MUST FOLLOW THE LAW. HOW ABOUT THIS LAW?

62 posted on 03/26/2005 9:21:28 AM PST by politeia
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To: sockmonkey
Unfortunately the DeathoCrats have won.

Never forget what has happened in this case. We now see who truly runs this country and who truly has the guts to do what they 'think' is right: the judges, the lawyers, the ACLU.

Conservative politicians do not run this country. Even though they have the majority, they are weak.

Time for new faces in the Senate. Yes, they tried to help, somewhat. When one judge in Florida thumbed his nose at them, they all disappeared like scared muts.

Next few election cycles, I will be looking for conservatives with a spine to vote for.

63 posted on 03/26/2005 9:21:32 AM PST by technomage
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To: sockmonkey

# Exodus 8:15
But when Pharaoh saw that there was relief, he hardened his heart and did not heed them, as the LORD had said.
Exodus 8:14-16 (in Context) Exodus 8 (Whole Chapter)

# Exodus 8:32
But Pharaoh hardened his heart at this time also; neither would he let the people go.
Exodus 8:31-33 (in Context) Exodus 8 (Whole Chapter)


# Exodus 9:12
But the LORD hardened the heart of Pharaoh; and he did not heed them, just as the LORD had spoken to Moses.
Exodus 9:11-13 (in Context) Exodus 9 (Whole Chapter)

# Exodus 9:34
And when Pharaoh saw that the rain, the hail, and the thunder had ceased, he sinned yet more; and he hardened his heart, he and his servants.

Exodus 9:33-35 (in Context) Exodus 9 (Whole Chapter)
# Exodus 10:1
[ The Eighth Plague: Locusts ] [ The Plagues of Locusts and Darkness ] [Joel 1:2-4] Now the LORD said to Moses, "Go in to Pharaoh; for I have hardened his heart and the hearts of his servants, that I may show these signs of Mine before him,

Exodus 10:1-3 (in Context) Exodus 10 (Whole Chapter)
# Exodus 10:20
But the LORD hardened Pharaoh's heart, and he did not let the children of Israel go.
Exodus 10:19-21 (in Context) Exodus 10 (Whole Chapter)

# Exodus 10:27
But the LORD hardened Pharaoh's heart, and he would not let them go.

Exodus 10:26-28 (in Context) Exodus 10 (Whole Chapter)
# Exodus 11:10
So Moses and Aaron did all these wonders before Pharaoh; and the LORD hardened Pharaoh's heart, and he did not let the children of Israel go out of his land. [Num 9:1-14; Deut 16:1-8; Ezek 45:21-25]

Exodus 11:9-11 (in Context) Exodus 11 (Whole Chapter)
# Exodus 14:8
And the LORD hardened the heart of Pharaoh king of Egypt, and he pursued the children of Israel; and the children of Israel went out with boldness.
Exodus 14:7-9 (in Context) Exodus 14 (Whole Chapter)


64 posted on 03/26/2005 9:21:34 AM PST by Raycpa
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To: sockmonkey

She is likely beyond any medical aid at this point. Just pray for her, and stop demanding Jeb destroy himself and the GOP by intervening. "It is done".


65 posted on 03/26/2005 9:21:50 AM PST by montag813
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To: varina davis

Will he do a jig for us at his news conference?


66 posted on 03/26/2005 9:21:55 AM PST by luckymom (Forget the baby whales, save the baby humans.)
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To: sockmonkey

My God, this man is evil beyond imagination.


67 posted on 03/26/2005 9:22:03 AM PST by WhistlingPastTheGraveyard (gulag. concentration camp. planned parenthood. hospice. let me know when you find a difference.)
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To: sockmonkey
The cruelty of these judges knows no bounds.

Twenty four hours to make a decision that was a foregone conclusion.

"Jeb, have you figured it out yet? I would call you 'Governor", but you lost that office a couple days ago to the supreme overlord Greer."
68 posted on 03/26/2005 9:22:21 AM PST by Deo volente (God willing, Terri Schiavo will live.)
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To: dcnd9
God's justice is my consolation.

Don't feel too consoled.

Let us not forget that God also judges the nations.

69 posted on 03/26/2005 9:22:38 AM PST by P-Marlowe
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To: over3Owithabrain

Greer has to be impeached or voted out of office. Not only is his soul evil, he looks evil. Makes one wonder what idiots voted him into office. Anyone out there admit to voting for this political hack?


70 posted on 03/26/2005 9:22:49 AM PST by ExTexasRedhead
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To: TonyM

He is not G-d, but he thinks he is.

He is a murderer, and he knows it, but he thinks it's justifiable to kill her.


71 posted on 03/26/2005 9:22:54 AM PST by tomahawk (If we can't stand for life, what can we stand for?)
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To: BP2

3/25/05
MIAMI - Hours after a judge ordered that Terri Schiavo wasn't to be removed from her hospice, a team of Florida law enforcement agents were en route to seize her and have her feeding tube reinserted - but they stopped short when local police told them they would enforce the judge's order, The Miami Herald has learned.

Agents of the Florida Department of Law Enforcement told police in Pinellas Park, the small town where Schiavo lies at Hospice Woodside, that they were on the way to take her to a hospital to resume her feeding.

For a brief period, local police, who have officers around the hospice to keep protesters out, prepared for what sources called a showdown.

In the end, the state agents and the Department of Children and Families backed down, apparently concerned about confronting local police outside the hospice.

"We told them that unless they had the judge with them when they came, they were not going to get in," said a source with the local police.

"The FDLE called to say they were en route to the scene," said an official with the city police who requested anonymity. "When the Sheriff's Department, and our department, told them they could not enforce their order, they backed off."

The incident, known only to a few, underscores the intense emotion and murky legal terrain that the Schiavo case has created. It also shows that agencies answering directly to Florida Gov. Jeb Bush had planned to use a wrinkle in state law that would have allowed them to legally get around the judge's order. The exception in the law allows public agencies to freeze a judge's order whenever an agency appeals it.

Participants in the high-stakes test of wills, who spoke with The Miami Herald on the condition of anonymity, said they believed the standoff could ultimately have led to a constitutional crisis - and a confrontation between dueling lawmen.

"There were two sets of law enforcement officers facing off, waiting for the other to blink," said one official with knowledge of Thursday morning's activities. In jest, one official said local police discussed "whether we had enough officers to hold off the National Guard."

"It was kind of a showdown on the part of the locals and the state police," the official said. "It was not too long after that Jeb Bush was on TV saying that, evidently, he doesn't have as much authority as people think."

State officials on Friday vigorously denied the notion that any "showdown" occurred.

The Department of Children and Families "directed no such action," said agency spokeswoman Zoraya Suarez.

Said Bush spokesman Jacob DiPietre: "There was no showdown. We were ready to go. We didn't want to break the law. There was a process in place and we were following the process. The judge had an order and we were following the order."

Tim Caddell, a spokesman for the city of Pinellas Park, declined to discuss the event.

The developments that set Thursday morning's events in motion began the previous afternoon, when the governor and DCF chief Lucy Hadi held an impromptu news conference to announce that they were considering sheltering Schiavo under the state's adult protection law. The department has been besieged, officials say, by thousands of calls alleging Schiavo is the victim of abuse or neglect.

Alerted by the Bush administration that Schiavo might be on her way to their facility, officials at Morton Plant Hospital went to court Wednesday, asking Florida Circuit Judge George Greer, who ordered the removal of Schiavo's feeding tube last week, what to do.

"It's an extraordinary situation," said Beth Hardy, a hospital spokeswoman. "I don't think any of us has seen anything like it. Ever."




Greer signed an order Wednesday afternoon forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice. He directed "each and every and singular Sheriff of the state of Florida" to enforce his order.

But Thursday, at 8:15 a.m., DCF lawyers appealed Greer's order to judges at the Second District Court of Appeal in Lakeland.

That created the window of time to seize Schiavo. When DCF filed its appeal, it effectively froze the judge's Wednesday order. It took nearly three hours before the judge found out and canceled the automatic stay, shortly before 11 a.m.

Administrators of the 72-bed hospice, who have endured a withering siege of their facility by protesters since Greer last Friday ordered Schiavo's feeding tube be removed, declined to discuss Thursday morning's events in any detail.

"I don't really know, or pretend to know, the specifics of what is going on behind the scenes," said Mike Bell, a spokesman for Hospice of the Florida Suncoast, which operates Woodside.

According to sources, DCF intended to take Schiavo to Morton Plant Hospital, where her feeding tube had been reinserted in 2003 following a previous judicial order allowing its removal. But hospice officials were aware that the hospital wasn't likely to perform surgery to reinsert the tube without an order from Greer.

"People knew that taking (Schiavo) did not equate with immediate reinsertion of the feeding tube," a source said. "Hospital officials were working with their legal counsel, and their advisers, trying to figure out which order superseded which, and what action they should take."

Hardy, the hospital spokeswoman, said she doesn't believe the hospital was made aware Thursday morning that DCF and state police planned to bring Schiavo in.

George Felos, the attorney for Schiavo's husband, Michael, said he doesn't think DCF officials knew of the window of opportunity they had created until well after they filed their appeal.

"Frankly, I don't believe when they filed their notice of appeal they realized that that gave them an automatic stay," Felos said. "When we filed our motion to vacate the automatic stay ... they realized they had a short window of opportunity and they wanted to extend that as long as they could.

"I believe that as soon as DCF knew they had an opportunity they were mobilizing to take advantage of it, without a doubt."


72 posted on 03/26/2005 9:23:38 AM PST by Run Silent Run Deep ("Leftists are little Ward Churchills")
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To: sockmonkey

I'm not a very religious person, but oh how I wish the Lord would step in with one of those old time miracles, like wisking Terri away in a blink of an eye, having her vanish right in front of witnesses, leaving those who have put her through this suffering in torment and fear for the rest of their lives...


73 posted on 03/26/2005 9:23:58 AM PST by LRS
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Comment #74 Removed by Moderator

To: sockmonkey

Who here thinks there will be an "incident" before this is all over?


75 posted on 03/26/2005 9:24:11 AM PST by Run Silent Run Deep ("Leftists are little Ward Churchills")
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To: technomage

The problem with lawyers is...they keep getting elected to legislative offices.

Here in Texas....we have a major RINO problem.....most of them Lawyers.


76 posted on 03/26/2005 9:24:12 AM PST by ArmyBratproud
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To: sockmonkey

http://www.foxnews.com/story/0,2933,151585,00.html

JUDGE ORDERS TERRI SCHIAVO'S MURDER
Schindlers: We Won't Appeal Again

Saturday, March 26, 2005

CLEARWATER, Fla. — A state judge on Saturday rejected another attempt by Terri Schiavo's parents to reconnect her feeding tube, rejecting what the couple's lawyer described as their last chance to keep their severely brain-damaged daughter alive.

Pinellas Circuit Judge George Greer (search) denied the parents' motion to order the reinsertion of the tube. Bob and Mary Schindler claimed their daughter tried to say "I want to live" when her tube was removed on Greer's order March 18.

Her husband, Michael Schiavo (search), and his doctors have said that her utterances weren't speech and just involuntary moans. He argues that she has no hope of recovery, something disputed by her parents, Bob and Mary Schindler.

The Schindlers are still holding out hope for an unlikely intervention by Gov. Jeb Bush (search), who has said he has done everything in his power to take custody of Schiavo.

As of Saturday afternoon, Schiavo had been without food or water for eight full days, and doctors have said she would probably die within a week or two of her feeding tube being pulled.

Her lawyers, however, have said Schiavo — whose dehydrated body has begun to shut down — may not survive the weekend.


77 posted on 03/26/2005 9:24:48 AM PST by XR7
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To: varina davis
Michael Shiavo called a press conference for 2 p.m. today BEFORE Judge Greer made his decision. Interesting.

Michael can give Terri back to her parents now. He's submitted her body to such abuse that he's made certain she will never speak again.

78 posted on 03/26/2005 9:24:52 AM PST by syriacus (Screwy Ed Koch thinks Terri needs to watch TV to know she is starving.)
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To: over3Owithabrain

If I saw that judge I would call him NAZI!

A lady whose parents were concentration camp survivors wrote a great letter to the editor today saying this reminded her of the third reich. How frightening.

Terri has probably suffered so much damage to her body now that I think maybe she is better off slipping away from this world now where no one else can harm her. Perhaps her death will not have been in vain if laws are changed to prevent this kind of atrocity from happening again.


79 posted on 03/26/2005 9:25:17 AM PST by TNCMAXQ
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To: Protect the Bill of Rights

'my lovey way back..." "...a sock monkey"


LOL! I must say, I was nervous as to what direction that post was going to go..... :^)


80 posted on 03/26/2005 9:25:22 AM PST by Hand em their arse
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