They should be able to get an injunction from another judge (Greere is probate judge only) to keep the "evidence", Terri, from being destroyed.
This could save Terri, and if it's too late, they could keep her body from being crimated, and not allow Michael Schiavo from destroying the evidence.
But it may NOT be too late. Even though it's been over 8 days, a doctor mentioned on FoxNews a few days ago, that based on the fact that Terri is young and had healthy, there is a good chance, she could recover fully to her previous state, even if she has started to suffer kidney failure, it could be reversible.
What do you think?
Now that all other appeals have been exhausted, I wonder why someone isn't pursuing this approach.
There seems to be enough evidence to file charges, in my opinion.
Yes, well JEB got this on Thursday and still has not acted? Seems to me he still won't!
They are giving her morphine now.. probably quite a bit to "ease her pain"....GEE DIDN"T THEY SAY SHE COULDN"T FEEL PAIN BECAUSE SHE WAS PVS??????
But unfortunately it's probably too late.. Jeb just doesn't get it.. and doesn't want to get it.. he's a coward plain and simple.. and I frankly don't care who doesn't like it.. it's true.
I've already given up on Jeb having any b***s.
You're basing your appeal on the mistaken notion that Jeb Bush actually is a co-equal in the Florida system ... and judge Greer has shown all that Jeb is not. Jeb has the mind of a turtle and the heart of a mouse. He is polite though: he asked permission from the executioner to remove the victim from the executioner's grasp ... of course he was bitchslapped for it and sat down like a good boy.
That brings up the question, how come a probate judge is making all the decisions of recognized importance here? Until Terri is declared dead, as in heart stopped beating, probate would not be entered. Persons with even very low brain function, a "persistent vegetative state", are not technically dead, and even though Terri may be intestate at this point, probate could not legally proceed. Her estate, the funds set aside for her rehabilitation and domicilary care, as awarded in a malpractice suit, is subject to Michael's administration as trustee of the account. Is this how the probate judge backed into this case?
There was a skit from Monty Python, where the dead bodies during the time of the Black Plague were being picked up. One of the bodies spoke up and said, "I'm not dead!" Whereupon the collector took a club and gave the poor wretch a crack on the head, which apparently solved the dilemma.
fs415.1051
2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided. (a) Emergency entry of premises.--If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry. (b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services. (c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.
AND IF GREER's A PROBLEM
then there's
415.1052 Interference with investigation or with the provision of protective services
At this point, she is so dehydrated that re-inserting the tube could be difficult, at best. Face it. We now have state imposed murder on innocent people who just happen to be in someone's way. Very soon, Terri will live the life we all hope for. It's the thought of crossing over that frightens many of us in mortal bodies.
Life is precious. It is a gift from our Creator. Embrace it, enjoy it, and use it to give to others. Then when it's our time to cross over, may we have no regrets about how we used the gift we were given.
EVERYONE will have to meet God some day. Meanwhile, many of us can do something about this earthly judiciary.
What I would like to know is how the Florida courts were able to disregard the whole issue of de novo that Congress passed & the President signed.
At the time that was done, I thought that's it. This will all be resolved. But the Florida courts went sideways on it. Was it bad lawyering?
I think everyone is blaming Jeb because he's the last domino to fall.
Too late.
Jeb Bush, the mere Governor of Florida (who I understand also has connections in Washington), knows that the murderous probate judge is his master and he dare not question the judge's orders that Terri be killed in barbaric fashion by dehydration and starvation.
By the way, I read that Terri's tongue has begun to swell and bleed, and that her eyes are also bleeding. Sounds euphoric. Too bad nobody could save her.
I'm not saying she did execute such a will, or that this is in accordance with her wishes. I'm simply pointing out that an interpretation of the statute that would permit intervention when a person is denied food and water necessarily would apply even if the patient consented.
Is that what people really want?
that was tried a few years ago - and they were told that in Florida law, the statute of limitations on attempted murder runs out in 4 years - so presumably, would abuse.
There would have to be clear and convincing evidence of present abuse - of course, I think depriving someone of food and water is the ultimate abuse - but there's several court orders to do it!
"The two legal opinions were prepared and delivered to Governor Bush in October of 2003, after Schiavo's feeding tube was removed. Bush through his aides requested the legal counsel at the time, but instead chose to work with the Florida legislature to pass emergency legislation to prevent the death of Schiavo. "
Thank you for posting. This proves that Gov. Bush did not do all he could to save Terri. The arguments for the authority of the governor were presented to him over 2 years ago and he did nothing.