Many other judges looked at this over the years. I wish things could have been different here, but the bad guy in this is Michael Schiavo.
The judges followed the law. If I want my feeding tube pulled, I don't want a judge to forbid my husband to do it. There is that right in the US.
Unfortunately, MS makes a mockery of spousal rights.
Judge Greer apparently did follow the law. That is what the appeals courts all ruled.
The appeals courts did not review the "facts" in the case, they just determined that Judge Greer followed the law in determining the "facts."
That law is, I believe, one that should be changed by legislative action. In life and death cases, where there is controversy, the determination of "facts" should not be at the discretion of any single individual. Rather, the facts should be determined by a jury of dispassionate, uninvolved citizens, under the customary rules of evidence.
Had this approach been followed in Terri's case, there is a strong possibility that many of the inconsistencies in the record would have been weighted differently than they were in Judge Greer's sole determination.
In the end, the judge even forbade Mr. Schiavo from putting Terri's feeding tube back in if he chose to do so. See the quote from the Florida Second Dictrict Court of Appeals below:
“The trial court’s decision does not give Mrs. Schiavo’s legal guardian the option of leaving the life-prolonging procedures in place. No matter who her guardian is, the guardian is required to obey the court order because the court, and not the guardian, had determined the decision that Mrs. Schiavo herself would make.”
How can you say the judges followed the law when almost every Florida Statute pertaining to guardians was violated, the ADA was violated, Greer refused to recuse himself several times and Statue 38.10 provides for recusal when requested by a party in a proceeding, and more.
Florida Statutes
http://www.flsenate.gov/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes
No, they did not.
The judges followed the law.
No, they did not.
Greer ILLEGALLY made an order DENYING food or water by natural means (i.e., by her mouth):
“Ordered and Adjudged that Respondents’ Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means is DENIED.”
See: http://www.libertytothecaptives.net/greer_deniesf&w_bymouth.html
The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America. Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline FOOD, WATER, medical treatment, or medical services for that individual."Contrary to Florida Statute, Greer ORDERED Terri's death, based on self-serving hearsay testimony of Michael Schiavo:
765.309 Florida Statute: Mercy Killing of Euthanasia Not Authorized; Suicide Distinguished. -- (1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act of omission to end the life other than to permit the natural process of dying. (2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.458.326 Florida Statute: Intractable Pain; Authorized Treatment. -- (4) Nothing in this section shall be construed to condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this section may be used for such purpose.
782.08 Florida Statute: Assisting Self-Murder. -- Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s.775.082, s. 775.083 or s.775.084.
Florida's prohibitions against assisted suicide protects not only the terminally ill, but also the disabled, the elderly, the chronically ill, the severely handicapped.
Withholding food and water by mouth is a deliberate act to end life and is prohibited in the Florida statutes.
"Helping" Terri kill herself is assisted suicide and is also prohibited in the Florida statutes.
744.3215 Rights of persons determined incapacitated.--
Contrary to Florida Statute, Greer did not recuse himself, as required, when asked to do so, 5 times by attorneys Anderson/Gibbs:
Florida Statute 38.10, broken five times by not disqualifying himself from the Schiavo case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.
In addition, Greer violated other laws: Judge Greer Breaks Law To Ensure Death
and see, Schiavogate---The Big Cover-up
The PROCEDURAL aspects were what was reviewed, NOT THE FACTS (what are the facts?). ALL the evidence before Greer, including ALL the evidence Greer threw out THAT FAVORED TERRI'S RIGHT TO LIVE, i.e., the testimony given by all of Terri's friends, family, nurses, doctors, the bone scan and report of Dr. Walker, including his deposition (which Greer forbid as evidence as Felos filed a motion requesting such), and medical tests, the deposition of Michael Schiavo (which Greer did not allow, after Felos filed a motion blocking such deposition, several times). ALL THOSE DOCUMENTS, TESTIMONIES, AND DEPOSITIONS ARE THE FACTS OF THE CASE. Every Florida judge who "reviewed" this case, either RUBBER-STAMPED what judge Greer said, or REFUSED to take the case. The federal courts also did not comply with the law, it REFUSED to take the case on de novo review and, once again, merely looked at procedures.
Of course, there may be a reason why the Florida District Court of Appeals and Florida Supreme Court rubber-stamped or refused to over-rule judge Greer:
Charges of Unethical DCA Activity Surface in Schiavo Case
and see
Schiavo Case Tangled Web of Deception, Corruption
I believe in the rule of law, but ALL rules of law must apply TO ALL in order for there to be a RULE OF LAW, in order for there to be justice. In this case, following the rule of law did not occur, which is why it led to an unjust and barbaric end called murder via dehydration.
Shouldn't that be: Many other judges looked at refused to look at and only rubber-stamped this over the years?
No, the judges only looked at whether Greer had followed procedure. And none of them looked at the legality of Greer's order of March 8th that Terri should be denied hydration and nutrition by natural means. The appellate judges considering the case after that date were only interested in avoiding the case or in protecting the judicial sphere. Or what they saw as the judicial right to overrule a Governor, a State legislature, and the US Congress' Constitutional right to direct and limit the Federal Courts. Pinellas County police confronted Florida State police and the State police backed down rather than draw their guns on other police. DCF and the Governor are now ruled by the Judiciary. The Florida State Legislature and the US Congress were overruled and ignored by this little man, Greer, and supported by the appeals courts.
There is no need to write law anymore. We should just ask the judges how they intend to rule, since that is the power we will obey, anyway.
I used to say we had a Judicial oligarchy. Now, it's anarchy.