Posted on 08/28/2003 5:20:42 AM PDT by Ragtime Cowgirl
Freepers, we may be able to help Terri:
I made some phone calls today and have the ULTIMATE PHONE CALL for registering a Complaint against Judge Greer. I can't reveal my sources but this is the phone number for a few pay grades above J. Greer.
Call the: Judicial Qualifications Commission at
#1-850-488-1581. I am complaining to them tomorrow that J. Greer isn't God, that he's been in the husband's corner since Day One, he doesn't care a wit about Terri's parents or her husband's attempt at medical neglect, and I'd like to know if Greer can be recalled or impeached.
HE SHOULD HAVE OR COULD HAVE HONORED GOV. BUSH'S REQUEST TO ASSIGN A GUARDIAN AD LITEM to represent Terri's interest instead of once again, taking the side of the husband. Judge Greer is from the Sixth Circuit Court, Pinellas County.
Oh, and ping everybody you can think of.
72 posted on 08/27/2003 5:06 PM EDT by floriduh voter
From summer:
"..do a separate thread asking people to call this phone number FV provided. This could get a guardian appointed if the judge is tossed off the case for BIAS."
Background:
In a letter, Bush asked Pinellas-Pasco Circuit Judge George W. Greer yesterday to keep her alive until a court-appointed guardian can "independently investigate the circumstances of this case and provide the court with an unbiased view that considers the best interests of Mrs. Schiavo."
8 From JEB to FR: Full text of Gov Bush's letter to Judge Greer re: Terri Schiavo. Email from Gov Bush to summer, for FR | 8/27
----- Original Message -----
From: [Governor Bush's office]
To: [summer's email]
Sent: Wednesday, August 27, 2003 8:06 AM
Subject: Letter regarding Terri Schiavo
> August 26, 2003
> The Honorable George W. Greer
> Judge, Sixth Judicial Circuit
> 315 Court Street, Room 484
> Clearwater, Florida 33756
Dear Judge Greer:
> I appreciate the challenging legal and ethical issues before you in the case > of Terri Schiavo. As I have expressed over the course of the past several > weeks, our system of government has committed these decisions to the > judicial branch, and we must respect that process. Consistent with this > principle, I normally would not address a letter to a judge in a pending > legal proceeding. However, my office has received over 27,000 emails > reflecting understandable concern for the well being of Terri Schiavo. > Given that there is no procedural avenue available for these views to be > expressed to you in the normal course of the proceedings, I feel compelled > to write in the hopes that you will give serious consideration to > re-appointment of a guardian ad litem for Mrs. Schiavo before permitting the > removal of her feeding tube or other actions calculated to end her life.
> This case represents the disturbing result of a severe family disagreement > in extremely trying circumstances. Emotions are high, accusations abound, > and at the heart of this public and private maelstrom is a young woman > incapable of speaking for herself.
> I am disturbed by new rumors about the guardian's actions related to the > current care of Mrs. Schiavo. It has come to my attention that Mrs. Schiavo > has contracted a life threatening illness, and that she may be denied > appropriate treatment. If true, this indicates a decision by her caregivers > to initiate an "exit protocol" that may include withholding treatment from > Mrs. Schiavo until her death, which would render this Court's ultimate > decision moot. While the issue of Mrs. Schiavo's care is still before the > Court, I urge you to ensure that no act of omission or commission be allowed > to adversely affect Mrs. Schiavo's health before the September 11th hearing > you have set. No one involved should be permitted to circumvent due process > or the Court's authority in order to achieve personal objectives in this > case.
> Even discounting these rumors, there are a number of factual disputes > regarding Mrs. Schiavo's medical condition, past and current care and > therapy, and her prognosis. Given the contradictory positions of her > guardian and other family members, I respectfully ask that you re-appoint a > qualified guardian ad litem to independently investigate the circumstances > of this case, and provide the Court an unbiased view that considers only the > best interests of Mrs. Schiavo.
> It is a fine balance between Mrs. Schiavo's right to privacy and her right > to life, both of which are co-equal in our Constitution. To err on one side > is to prolong her existence, perhaps against her wishes, and continue the > debate. To err on the other is an irrevocable act that affords no > remediation. I respectfully ask that you give Mrs. Schiavo's family the > opportunity to present any new evidence as to her wishes. Evidence as to > her wishes should be reweighed as often as necessary to take into account > the effect of any new evidence, that is, to determine whether "clear and > convincing evidence" still exists that Mrs. Schiavo would now choose > withdrawal of life-prolonging procedures. While this process may delay the > surrogate's exercise of Mrs. Schiavo's privacy rights, it is necessary to > avoid denying her right to life. I urge you to err on the side of > conservative judgment to ensure that all facts can be uncovered and > considered before her life is terminated.
> I appreciate your compassion for Mrs. Schiavo's plight, and that of the > family members locked in dispute in these tragic circumstances. In light of > the ongoing contention related to so many issues in this case, I hope you > will consider appointing a guardian ad litem to ensure that the ultimate > decision is based on facts presented clearly, unclouded and uncolored by > personal interests of litigants.
> Sincerely,
> Jeb Bush
> cc: Patricia Fields Anderson, Esq.
> George J. Felos, Esq.
(WND article excerpts, cont.:) "On Friday, the Florida Supreme Court refused to intervene in the case, clearing the way for a Sept. 11 hearing in which Greer would set a date for removal of the feeding tube.
Terri's parents, Bob and Mary Schindler of Gulf Port, Fla., have been locked in a decade-long legal battle with their son-in-law over the care and custody of their daughter, who suffered massive brain damage when she collapsed at her home 13 years ago under unexplained circumstances at the age of 26.
***The bitter dispute over Terri's lack of care became a major euthanasia battle five years ago when her husband Michael Schiavo petitioned the court for permission to have her feeding tube removed, claiming she is in a persistent vegetative state and would not want to be kept alive "artificially." The Schindlers and a number of doctors and therapists believe she could be rehabilitated, but the courts have consistently sided with Schiavo and his lawyer, right-to-die advocate George Felos.
~~~~
The article is on CNSNews.com.
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.
55 posted on 08/27/2003 5:29 PM EDT by yhwhsman ("Never give in--never, never, never, never, in nothing great or small..." -Sir Winston Churchill)
Michael Schiavo is using "privacy" as an excuse for denying Terri every contact from the outside world, even flowers. "One sign of the case's nastiness is the Schindlers' complaint that Schiavo limits their visits with their daughter. They also say he has refused to allow doctors to examine her, refused her antibiotics and needed dental work, refused to replace a broken wheelchair so she could be taken outdoors and refused the delivery of flowers from a friend to her room on her birthday."
"Her teeth are fine; she doesn't eat," Michael Schiavo said. "Why take her to a gynecologist? She was supposed to die months ago. I don't want her room filled with flowers from strangers or right-to-life activists. Even though she is vegetative she has a right to privacy."
17 posted on 08/27/2003 10:14 AM EDT by I still care
***
I thought Gov Bush very eloquently made his case here, in this part:
To err on one side is to prolong her existence, perhaps against her wishes, and continue the debate. To err on the other is an irrevocable act that affords no remediation.
18 posted on 08/27/2003 10:14 AM EDT by summer
***
..this judge is going to look really bad if this part is ignored by the judge:
Even discounting these rumors, there are a number of factual disputes > regarding Mrs. Schiavo's medical condition, past and current care and > therapy, and her prognosis. Given the contradictory positions of her > guardian and other family members
21 posted on 08/27/2003 10:17 AM EDT by summer
*** HE SHOULD HAVE OR COULD HAVE HONORED GOV. BUSH'S REQUEST TO ASSIGN A GUARDIAN AD LITEM to represent Terri's interest instead of once again, taking the side of the husband. Judge Greer is from the Sixth Circuit Court, Pinellas County. That is one thing that floors me .. This Judge should have long ago appointed an independent Guardian Ad Litem and not left her husband as her sole guardian .. especially since there are questions about her husband with abuse and the fractured bones that were reveled in xrays of Terry. Everything I have read .. this Judge seems hell bent on having her killed 73 posted on 08/28/2003 2:45 AM EDT by Mo1 (http://www.favewavs.com/wavs/cartoons/spdemocrats.wav) *** I know that Mr. Schiavo has tried to ban Terri's mother and family and priest from seeing her. 27 posted on 08/26/2003 7:34 PM EDT by hocndoc (Choice is the # 1 killer in the US) *** Judge Greer has been with the husband since day one. A guardian ad litem would have been fair for Terri and her parents. Her parents love her but they are treated as the enemy. I'm ashamed this is happening in Pinellas County. 31 posted on 08/26/2003 7:41 PM EDT by floriduh voter
Judge Greer will not appoint a guardian ad litem. I have phone numbers from the phone book for the Clearwater Courthouse and all the guardianship phone numbers. He husband held a presser today and was very flippant about Jeb's letter and called the emailers a "bunch of right to lifers." Hubby is looking a little nervous but with a pal like Judge Greer who is no Judge Moore, Terri has until the September 11 hearing to decide the date her starvation begins. Here are the phone numbers: courthouse - 727-464-3000, guardianship numbers: 727-582-7563, 727-582-7771, and 727-464-8700. We can at least call as friends of Terri and voice our concerns. 25 posted on 08/26/2003 7:34 PM EDT by floriduh voter Freepers, please call the Juducial Qualification Commission regarding Judge Greer: 1-850-488-1581. *** Contact friends, thank those have been fighting on Terri's behalf, including Glenn Beck, Lars Larson, CNS News.com, WND, and Bill O'Reilly. *** Terri Schindler Schiavo's website - background and news updates: www.terrisfight.org *** 8 Terri Schiavo's website Media Contacts Governor Jeb Bush (R) The Honorable(?) George W. Greer Attorney General Charlie Crist
But, I don't know how a court could prevent doctors from ordering therapy, speach therapy (which is often actually swallowing therapy) and most especially oral nutrition.
Office of The Governor
Florida Capitol Building, PL-05
Tallahassee, FL 32399-0001
(850) 488-7146
(850) 488-4441
jeb.bush@myflorida.com
6th Judicial Circuit
315 Court Street, Room 484
Clearwater, FL 33756
(727) 464-3933
ggreer@co.pinellas.fl.us
Office of Attorney General
State of Florida
The Capitol
Tallahassee, FL 32399-1050
(850) 487-1963
Fax: (850) 487-2564
ag@oag.state.fl.us
There is a ton of stuff on Hugh out there to read. His wife initially got $500,000 in life insurance, as I recall, and then went after more money from the state. She lives in Kentucky again, here ya go.
Nervy gal, ya think? Looks like killing her husband got her a new line of work. Sorry to be so rude about her, but I really, really think she was cruel.
The most telling piece of information about Schiavo was how he got Terri's parents to sign a legal document giving him sole guardianship over her. He apparently did this days after she became ill. M. Schiavo is a cool calculating despicable human life form. Part of what really bothers me is how he is getting away with all of this. It is so unfair.
Excerpts: The Rooker-Feldman doctrine is the result of two Supreme Court cases. At its core, the doctrine is a recognition of the principle that the inferior federal courts "generally" do not have the power to exercise appellate review over state court decisions. The Rooker-Feldman doctrine precludes federal review of lower state court decisions, just as it precludes review of the decisions of a state's highest court.
In order to determine the applicability of the Rooker-Feldman doctrine, the fundamental and appropriate question is whether the injury alleged by the federal plaintiff resulted from the state court judgment itself or is distinct from that judgment. Stated otherwise, is the plaintiff seeking to set aside a state court judgment or is he presenting an independent claim? If the injury alleged resulted from the state court judgment itself, Rooker-Feldman directs that the lower federal courts lack jurisdiction even if the alleged injury resulted from a state court action which was unconstitutional or erroneous and even if the plaintiff failed to raise their federal constitutional claims in a state court.
....It is thus obvious that the injury of which plaintiff complains resulted from an order of the state court and the relief which he seeks is the setting aside of that order and the entry of one more to his liking. It is precisely this type of case which the Rooker-Feldman doctrine prohibits the federal courts from hearing. As we do not have this jurisdiction to hear this action, it must be dismissed with prejudice.
Judge Lazz...whatshisname, I've lost my copy - in essence, directed the Schindlers & their attorney, and I think that was kinda nice of him. Perhaps they could use the U.S. Constitution, that of protection under law.
Typos are mine. 'nite
It was the idea of the doctors themselves, to kill them.
What this is, in reality, imo, is plain old simple discrimination. Against the mentally incompetent or lacking.
A baby with a very treatable defect is born, but because the infant also has Downs, the parents are allowed to starve it to death. Why? Because it would have a lesser quality of life as a Downs syndrome person.
If an infant without Downs had the defect, easily treatable with surgery, they would never think to ask the parents about forgoing treatment and allowing starvation. But it happened, and it was an initial opening to what we are seeing now.
You see how they are taking our stance on parental rights, so important to us as conservatives, and making them evil? At least I think so.
Now the courts are telling us what is "quality of life" that deserves to live, and if the family wants to eliminate them for a lesser ability, then so be it. Just like they began not too long ago, asking pregnant women about aborting infants when tests showed that the infant might have a defect. Remember when that was a novel thing?
It's a subtle creep into the same arianism of the nazis.
Anyway, Here is another good one from Wesley that I wanted to post here.
It is partially why I looked for and found the one on the teen diabetic that I posted earlier, where the hospital actually suggested that the parents kill her because the insurance had run out.
Working in healthcare, I have been suspicious from the start that rising healthcare costs are a biggie behind all of this.
There is no chance that you will convince another doc to take your mom who needs a feeding tube at another hospital because the first hospital is kicking you out for lack of insurance.
Disabled = no rights, in contrast to what we think happens in this country, just as Terri's father has said.
I am now reading the chapter on Germany in my newly acquired book, which I cannot recommend to you all highly enough, Forced Exits, and it is extremely disturbing to see the parallels.
Equal protection. Exit protocol. Judge Greer's ignorance of Terri's true condition & his refusal to accept video & audio tapes as proof.
I've got to go to bed.
It happened more than 10 years ago. I was pregnant with my third child and the controversy over Baby Doe was still swirling.
Baby Doe was a newborn boy who was born with Down Syndrome and a defect in his esophagus that needed surgical correction before he could drink from a bottle. Although this operation was routine for newborns with this problem, Baby Doe's parents refused it, and a court upheld their decision. Several parents came forward offering to adopt Baby Doe and even pay for the operation. They were rebuffed, and Baby Doe died six days later without being fed.
I was shocked. Why didn't the court or the law protect Baby Doe from such obvious discrimination? How could the parents' lawyer maintain that it was a "loving decision"? Did that mean that parents who make sure their disabled children receive life–saving treatment are unloving?
Four months later I gained a new understanding of the gravity of those questions when my daughter, Karen, was born with Down Syndrome and an even more serious condition than Baby Doe's: a life–threatening heart defect. I was stunned when Karen's doctor said that there was an operation available with an 80 to 90 percent success rate, but that he would support my husband and me "100 percent" even if we chose not to operate.
I was furious. As a nurse, I knew that such an operation would have been presented as a technological blessing, not an option, if my baby were not mentally retarded. I told the doctor that I resented such discrimination, that my daughter had rights of her own, and that if he was prejudiced against children with Down Syndrome, he could not touch her.
To the doctor's credit, he recognized his well–intentioned mistake and promised that he would do his absolute best for my daughter. And he did.
But it frightened me that there was such a biased attitude among even good, caring doctors. Could I really trust any of those health–care providers on whom my child and I depended? I came to realize that Baby Doe's parents "private" decision had an enormous impact on public policy and attitudes, leaving my baby at risk if I did not protect her.
Even though both Baby Doe and my Karen died several years ago (one by parental decree, one despite the best medical care), I found them often on my mind as I followed the Christine Busalacchi controversy. She, like Baby Doe and Karen, had mental disabilities, although at different points on the disability spectrum. Christine's father, like Baby Doe's parents, felt his child had no quality of life and went to court to prevent feeding. Mr. Busalacchi also "won" the right not by changing the law but by political and judicial aquiescense.
But the same question raised in the Baby Doe case must be raised again: Should parents have absolute power over their children's lives or do the state and society have an obligation to ensure that everyone, disabled or able–bodied, has a right to necessary care and treatment?
We have forgotten that, before the Baby Doe case, the answer used to be obvious.
Why do we view harm to children and the elderly as an issue that the state and society must address regardless of family involvement, while maintaining that no one may even question whether a father has a right to act on his opinion that his mentally disabled daughter would be better off dead? Are mentally disabled people any less vulnerable?
The Busalacchi controversy was not about making a medical decision: Christine was neither dying nor too sick to receive food. In fact, in 1991, she was able to take most of her food by mouth before her father insisted that only the feeding tube be used.
The controversy was not about the severity of disability: There are many people who cannot smile, eat, or laugh like Christine could (even as a so–called "reflex") who are currently receiving care and treatment. And despite the offensive and medically untestable label of "vegetative," a recent study showed that most of the families studied were unwilling to withdraw food and water.
No, the issue is really about equality. No one should be denied care or treatment required for others just because he or she has a mental disability.
But for now, the Missouri Supreme Court and the state administration have refused to act on cases such as Busalacchi's, allowing family choice to be the overriding issue. And, as I personally found out, it is not hard to find doctors or others who would be willing to concur with the family in death decisions.
It is families like mine who have tried to give their mentally disabled loved ones the best quality of life possible who must now watch sadly as the planned death of Christine Busalacchi is portrayed as a victory for family rights.
The disability rights movement has had great success in ensuring access to parking spots, public buildings and education for the disabled. It's a tragedy when the disabled cannot be ensured access to something as simple as food and water. Top Copyright © 2001-2002. (Lifeissues.net) Kochi, Japan. All
We need the "pound that rock." (John Gruden, 2002 Buccaneers). On Monday, it's time to start CALLING Governor Bush again. He got nowhere with Judge Greer. Jeb needs to go back to the legislature because that's why the problem begins, the EXIT PROTOCOLS in the Florida Statutes are designed for starvation without representation. (it becomes a Federal matter IMO because it's UNCONSTITUTIONAL & VIOLATES THE ADA Act.) If Judge Lazzara is a good, little Clinton appointee, he'll cry "state's rights". Maybe Gov. Bush is waiting for J. Lazzara's next decision but WE'VE GOT TO KEEP CALLING GOVERNOR BUSH and urge our friends to do the same. Our CONTACT LIST is at Post #1753.
We're almost at 2000 posts. I haven't been this focused since the 2000 recounts here in Fla.
Jeb's re-election was more labor intensive but I feel I am serving something greater than myself by helping Terri.
The right to die movement has quietly slipped their agenda into our laws because "death is not a fun topic" for anyone but them. They ran with it where they saw opportunities.
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