Need a hero? Try Judge Greer

Quad City Times ^ | Ap 7 05 | John Beydler

[churchillbuff]

That poor woman down in Florida is dead but the exploitation may be eternal.

The Terri Schindler-Schiavo Foundation, "dedicated to protecting" Terri Schiavo's life and liberty, is re-dedicating itself to "assisting other desperate families in their efforts to protect vulnerable loved ones." You can, of course, continue to contribute your dollars. Just visit www.terrisfight.org and click on the "donations" link. PayPal works.

The website promises there will soon be updates on how the foundation will go about "assisting other desperate families." I don't suppose "leaving them alone" is among the options being considered.

Thought not. Once there's been a media circus big enough to tear the Rev. Jesse away from that other Jackson's superstar trial, there's no choice but to try again. So, if your family is among the tens of thousands that will face a when-and-how-to-die decision sometime soon, and if you'd like to circus to come to you, just let the foundation know.

Too cynical, you say? Maybe, but I'd say I'm just "consider(ing) all the evidence in the light of reason, common sense and experience," just like judges instruct jurors to do when they deliberate a verdict.

Speaking of judges, the much maligned and threatened George Greer simply followed the law as it exists, applied sworn facts as presented in court by all parties and made his decision. He then refused to be influenced by the mob in the streets or the ones in the legislative chambers. What more can you ask of a judge?

Not much, said the Clearwater Bar Association in praising his courage in the face of death threats and endless vilification.

You should read his 2000 order in the case that spawned the controversy. He discusses in detail the central issue; that is, what would be Terri's wishes, and how he came to decide she would not want to be kept alive in the circumstances. He also deals with the medical evidence, as presented in sworn testimony, which is different than the many affidavits you can find at www.terrisfight.org . These inevitably include the phrase, "I have not physically examined Ms. Schiavo..." and/or "I have not seen her medical records..."

Do the reading, then apply your own reason, common sense and experience.

If you still think Judge Greer's the villain, fine. Join the move to impeach him. Me, I think he kept his head when all about him, others were losing their's. That makes him a hero in a story way short on those.

[FairOpinion]

This is so bad, butI suppose we need to be aware of articles like this.

Terri PING

[AndrewC]

Speaking of judges, the much maligned and threatened George Greer simply followed the law as it exists,

He did not. He made a finding of fact, not supported by the Guardian Ad Litem employed for Terri Schiavo, when he declared the death sentence for Terri.

The Law

(3) Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient's best interest.

[AndrewC]

Reading the copy of the February 11 2000 order to kill Terri, it seems that Judge Greer was in error as to the law. In the decision he used the word surrogate. Surrogate is the individual designated by the incapacitated person in an advance directive to make medical decisions for the incapacitated person. There was no advance directive. Michael Schiavo was a proxy. Plus he does not provide a citation to the exception in the law which allows hearsay evidence.

90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.

765.101 Definitions.--As used in this chapter:
(14) "Principal" means a competent adult executing an advance directive and on whose behalf health care decisions are to be made.

(15) "Proxy" means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to s. 765.401 to make health care decisions for such individual.

(16) "Surrogate" means any competent adult expressly designated by a principal to make health care decisions on behalf of the principal upon the principal's incapacity.

http://www.miami.edu/ethics2/schiavo/021100-Trial%20Ct%20Order%200200.pdf

[churchillbuff]

(3) Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient's best interest.

THANK YOU

[Lancey Howard]

This author is just another scumbag who tries to use "the rule of law" to justify Schiavo's barbaric two-week murder, as if the case was a zoning dispute. Meanwhile, Terri Schiavo is dead forever.

[Confed]

If he was so sure that she wished to be dead, why not show pity for the innocent woman and euthanize her like a serial murderer?

Amen! Why starve and dehydrate her to death? Pure Torture!