Florida Judge Rejects Governor's Bid to Help Terri Schiavo
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
August 27, 2003
Capitol Hill (CNSNews.com) - Florida Circuit Judge George Greer Tuesday rejected a plea from Governor Jeb Bush to appoint a guardian ad litem to represent the best interests of Terri Schindler Schiavo, a 39-year-old disabled woman who suffered a brain injury in 1990 under questionable circumstances. Bush had intervened Monday after receiving 27,000 email messages asking for his help on Terri's behalf.
"I read [Gov. Bush's letter] because it came from the governor and I respect his position," Greer told the Tampa Tribune. "Beyond that, it is going in the file."
As CNSNews.com previously reported, Bush wrote Greer Monday asking him not to remove the disabled woman's feeding tube until a new guardian ad litem could "independently investigate" her condition. In the letter, Bush referenced the "fine balance between Mrs. Schiavo's right to privacy and her right to life," which Bush noted are co-equal under the Constitution.
"To err on one side is to prolong her existence, perhaps against her wishes and to continue the debate," Bush wrote. "To err on the other is an irrevocable act that affords no remediation."
But Greer told the Associated Press that he no longer has a choice in the matter.
"Frankly, I think I'm operating under a mandate from the 2nd District Court of Appeals," Greer said, "and frankly I don't think I can stray from that mandate."
In that same interview, however, the judge contradicted his own assessment of the limitation on his authority by stating that he was "not inclined" to appoint a guardian ad litem.
Michael Schiavo called Gov. Bush's intervention on behalf of Terri "crazy."
"The governor has deliberately twisted the facts in this case in an apparent effort to kowtow to his right-to-life political supporters," Schiavo told Tampa Tribune reporter David Sommer. "This has nothing to do with him. He should stay out of it."
Schiavo - who, for five years, has been seeking judicial approval to end his wife's life by denying her nutrition and hydration - also accused Terri's parents of manipulating their Catholic faith to keep their daughter alive.
"I believe in God and so did Terri," Schiavo said, speaking of his still living wife in the past tense, "but they are out to push it on people... suddenly they are on a religious kick."
Judge refuses motion for hearing to set 'death date'
Greer also denied a motion Tuesday to hold an immediate hearing to set a date for the removal of Terri's nutrition and hydration tube. The hearing will be held, as previously announced, on Sept. 11. At that hearing, Greer will also rule on whether Schiavo may legally prohibit Terri's priest from visiting her.
Schiavo's attorney, George Felos, had also petitioned the court Monday to prohibit doctors from caring for Terri's current fever, labored breathing, vomiting, diarrhea and a "substantial infection."
"Given the imminence of the ward's death, further treatment (other than comfort care) for the ward's infection and other medical problems is unnecessary, unwarranted, inappropriate and futile," Felos said in an emergency motion, adding that Terri, "should be put back in hospice and receive comfort care and die in a peaceful setting."
Greer denied that motion, as well.