Posted on 03/30/2005 4:43:51 PM PST by wagglebee
A spokesman for the family of Terri Schindler Schiavo said Wednesday the Florida judge presiding over her case "ignores the state’s laws and orders the premeditated killing of a disabled Florida woman by her husband."
Pamela Hennessy, media director for the Terri Schindler-Schiavo Foundation, in a press release Wednesday called on disability and eldercare advocates to press for Circuit Judge George Greer’s "immediate impeachment."
"If there is a single person following this who doesn’t believe Judge Greer has legislated from the bench, trampled Florida’s laws and deprived Terri Schiavo of her retained rights, they are simply not paying attention," Hennessy said in a statement.
According to the foundation’s press release, on Tuesday and Wednesday Greer issued three orders that the foundation said all but assures Schiavo’s death. First, Greer ordered that the family may not introduce oral nutrition and hydration following the removal of Terri’s gastric feeding tube.
The foundation pointed out that Florida Statute 744.3215 (Rights of Persons Determined Incapacitated) requires that incapacitated people cannot be deprived of food and water.
"Ordering that Terri Schiavo may not receive nutrition or hydration naturally is against the law, in the opinion of the Foundation," it said in a statement.
Second, according to the foundation, Greer ruled that no further neurological tests may be conducted on Terri, using functional MRI to determine if she is in a "persistent vegetative state," as Greer found in 2002, or if Terri is "minimally conscious."
The foundation pointed out that Florida Statute 765.404, which defines persistent vegetative state, requires that the condition be determined and diagnosed as permanent prior to the withdrawal of life-prolonging means. Also, Florida Statute 765.309 prevents mercy killing and assisted suicide.
The foundation said that unless the "true neurological condition of Terri Schiavo" was determined prior to the removal of the feeding tube, Greer’s order amounts to "a directive for her guardian to commit either a mercy killing or assisted suicide."
And third, "Greer denied an order from a judgment based on his error in dismissing pertinent testimony in 2000 that would assist the court in determining Terri Schiavo’s true end of life wishes," the foundation added.
It pointed to Florida Statute 765.404, which says that clear and convincing evidence of the ward’s intent for medical treatment must be established.
"The only evidence in support of removing Terri’s feeding tube was the self-serving hearsay testimony of her guardian (which is not admissible under FS 90.602) and hearsay from two members of his immediate family," the foundation said.
"Greer systematically ruled that testimony from Terri’s friends and family was unreliable or not credible. His failure to consider all evidence of Terri Schiavo’s attitude towards life-prolonging measures, in the Foundation’s opinion, is a clear violation of Florida Statutes," it concluded.
This past weekend they had a meeting with lawyers and Michael.
The parents wanted tests done to prove she was a terminal case, and Michael wanted an autopsy done to prove her head was full of jello.
The Judge went with killing her to prove she is NOT AWARE by autopsy. That is basis of the Florida Stature, for being declared NOT AWARE, and therefore subject to another's wishes.
One of the three requirements for NOT AWARE is PVS.
They will prove by autopsy that much of the cerebral cortex went from a flaccid state to an unfed, no activity mass, that turned into the texture more like a jellyfish.
What they can't tell you, is what and where is the mind.
Is it just in the cerebral cortex? Is it in the whole body?
If they know where it is, where does it go?
Why can't they see it?
P.S. We used to dunk witches in the water to see if they were witches. If they drowned, they were witches, if they survived, they were not.
Is it just me, or ....?
Actually the witch test was the reverse: if they drowned they were innocent, if they survived it was proof they were using magic, so they were burned at the stake.
Dead either way, just like Terri it seems.
A truly absurd and preposterous observation--given that I made no suggestion. But, thank you for your service.
But as to this article you have posted; I certainly hope this Judge is removed from the bench. I have informed myself about this case well enough to know that no one knows enough about Terri's wishes, or her real condition, to have handed down such a one sided decision.
IF I seem to some as being a bit predudical against the husband in question, then so be it. I find it hard to believe that the mother and father have the worst intentions at heart for her.
I believe it is obvious to anyone who is not in PVS to think otherwise.
what about the prejudice I know the blind have towards the disabled? I know this for a personal fact, they think they are superior to them and don't have empathy for anyone but the blind and maybe the hearing impaired, I am BI and in my life I have encountered situations where this is true.
....Most parents would be inside, holding their daughter's hand.
....
Would Michael allow that?
Would be really nice for Terri to have her parents by her side as she is starved to death instead of the man hell bent on seeing her die. But no, Michael gets to say what Terri can have or not because he is her loving husband.
Would have been nice for Terri if Michael could have just turned her over to her parents to give her love instead of all the years of fighting over the right to kill her, locking her parents out, refusing one thing or another.
But - now Terri must die. How else will they have hearsay evidence acceptance in the court record?
Look at how many times the right-to-life panel has "altered" the criteria. Wonder why they do that?
Wonder why their decisions are accepting as law without consult of the legislature?
From unsourced information posted by mercyme on another thread.
Summary-
"When Michael Schiavo first asked Judge Shames to allow him to remove terri's feeding tube in 1997, and then again in Judge Greer's court in 1998, the law at the time was not enough to let Greer order the removal of Terri's feeding tube under Terri's circumstances, so the law had to be changed in favor of Michael Schiavo.
In 1998, the florida legislature created the Florida Panel on End-of-Life Care for the purpose of revising the 765 statute for end-of-life issues. They were charged with coming up with the findings for changes in the law for the Florida legislature. Their findings were made law
Bill CB/CB/SB 2228, which revised the 765 as of October 1, 1999, also gave the authority to the End-to-Life panel to make findings for the legislature and that these findings were to made into law.
The legislature essentially gave them the authority to dictate to the legislature what changes to put in their bills. So the role of End-of-Life panel was not simply to make recommendations, but had the authority to determine what changes would be made into law.
The 765 law was revised in 1999 to include "end-stage condition" as a reason to withdraw life prolonging procedures along with persistant vegetative state and terminal illness. This was also put into law. Geldart also redefines terminal illness as not just conditions that cause death, but "irreversible" conditions or conditions "with no reasonable chance of recovery". Felos used this definition for the argument that Terri is terminal because she has a "irreversible" neurological condition with no "reasonable hope for recovery".
Geldart also details the the change in law that permitted nutrition and hydration to be considered medical treatment and the changes to life-prolonging procedures in the absence of advanced directives. Project Grace member William Leonard then points out a common scenario in Florida in his article: an elderly couple moves from out of state to Florida and then one spouse dies within a year 's time. Leonard then expands the definition of family to a neighbor, friend or caregiver who is now in the position of articulating the wishes of the elderly person to withdraw medical treatment, rather than "some distant relative".
And indeed the 765 law was changed to allow an "friend" to say that the person wanted life-pronging procedures withdrawn without a written directive. This also effected the outcome of Terri's case. Authors of Project Grace advocate for terminal sedation (Basta), withdraw of nutrition and hydration (Basta), and the refusal of physician to provide "futile" treatment as unethical even with advanced directive asking for treatments (Doty).
They also state that advanced directives providing for treatment should not carry the same weight as directives withdrawing care, and advanced directives should not compel the physican to provide them, regardless if the patient needs them (Doty). Doty is part of the Florida Bioethics Network as well as Project Grace. One of the changes in the law in CB/CB/SB 2228 includes the Bioethics Network as part of the process of withdrawing care. "
Yes, I noticed the other night that his big brother said that when they were in a bar, Mr. Shindler told Michael he better go find a lay or get laid or something like that, preposterous! I could see right through him after that comment, I think it was MSNBC but he did say that. It was sometime ago , after Terri was first hurt, this whole thing sickens me. I am BI, nuero from the UofMN told me eight years after my BI, I couldn't go to college, I grad with a 3.6, ha ha ha , and Cranfield is here in Mpls, I wonder how many of his patients he tells, "it's over" , hm, maybe I will look into this,,,,,
Saving an innocent life is always right.
You are so right!!!!! Where are there any leaders in this country? Jeb had a responsibility to save Terri until true justice could be established. The only thing that they could do to him is impeach him, and who in their right mind would do that to correct an injustice?
They could always kill her for their entertainment purposes later, if they ultimately ruled against her in a legitimate trial.
I didn't post the article. All I said was the family needs someone to help them.
I'm sorry, but there is nothing that I am willing to say about this case other than my opinion that the family should focus their attention on their daughter right now.
They have been allowed inside. How much, I don't know.
Welcome to Free Republic.
Unseemly?
Do you really think these parents care about "unseemly"? People care about unseemly when they have no more serious problems than what dress to wear.
I just wonder what people think they have spent the last 15 years doing? Trying to get a TV show?
I admire them and my heart breaks for them.
Seeing Terri in her condition being merely a pawn of Michael and Felos for a test case to promote euthanasia and selected murder would make one a wee bit desperate.
Where is it that parents are nothing? Where is it that they are to conform to the wisdom of others in dealing death to their daughter?
Would you?
The definition of unseemly can be applied to many situations, not just clothing. You know that.
In the beginning they cared for their daughter, then later, in addition they tried to get their legal case reajudicated in the courts for seven years.
Everyone's heart breaks for them. But pandering for the cameras with Jesse Jackson doesn't CHANGE anything. The effort is futile. I would rather spend the time holding my daughter's hand rather than being in the news. This case now belongs to the lawyers. The Schindlers themselves cannot change it.
According to law and custom, even Bibically based, in marriage we become one with our spouse, and they are the next of kin. There is no room in a marriage for the parents to step in and demand to be next of kin. The Schindlers have never found a court to rule otherwise.
What would I do? I would do what I could to help my daughter, as they have done. I do not fault them for loving their daughter. But the fact remains, their hands are tied.
Er.....who do you think caused her to be alive the last 2 years?
None other than Jeb Bush.
Who had plans to take her under state custody? None other than Jeb Bush.
Because something does not or will not work, does not mean you turn against the ONLY ONE DOING ANYTHING FOR TERRY IN THE STATE OF FLORIDA.
I wish none of us had to have an opinion on this. It is absolutely horrible.
We have to watch Terri being killed
We have to see the totally controlling Michael make decisions for her - even though he has a current wife and children. No other man gets the power of life or death over 2 wives in the U.S.
We have to see a judge total control all aspects of this case for years, refusing to allow evidence that benefits her, refusing this, refusing that.
We have to watch as the pro-euthanasia group moves itself into a position of authority to determine and make laws of Florida - continually altering the law (without any oversight) to change determinations in the status of those considered brain dead.
We have to see that the Florida law has been altered to endanger all weak residents that live there - WHY?
ON and ON and ON.
And then others call us weirdos because we care.
Yes I care ...
There may be more going on behind the scenes that is not public knowledge. This is not over yet and this situation may not be quite what it appears to be, so the Schindlers are still fighting. I would still be fighting too if my daughter was in that hospice.
spot on the money.
A few little points
Re marriage, why is Michael allowed to bring another wife and children into the marriage? Why is Michael allowed the power of life and death decisions over 2 wives at the same time? Seems to me a bit excessive.
Jesse Jackson? They are just using anyone who might help Terri. They do not care about politics.
You seem to not comprehend what a situation of years standing does to someone. Look at how upset many of us are in the travesty of the courts not ever looking at protecting Terri but instead continually treating her like garbage. We are not her parents but we are furious over the manipulation of the courts, the law, the judges.
In addition then you move on to what is the underbelly and that makes you furious because these are changes to American law that will be used as precedent that can or will affect the lives of all of our families.
Now those that are in favor of some judging the suitability of others to live among us will be content, un-upset by the state and federal laws continually firmly coming down on the side of those who wish to rid the ranks of whom they deem expendable for the "better" good of society.
I am losing confidence in my courts, the people in this country that only look at how much a body is worth to society and ignore that there is a soul in that body.
I see grave changes to the America I grew up in and if what I see comes true, my descendants will be grossly cheated.
I didn't know that Michael had two wives. But I do believe he is living an adulterous life. There is nothing anyone can do to change this. It isn't criminal.
It does matter that it was Jesse Jackson, because of his reputation. I also learned today that they asked Al Sharpton. These men do not support a life agenda. And Sharpton admitted that was part of the reason why he didn't travel to Florida. I think anyone when pleaing for emotional and religious help should be careful who represents them. Especially when it comes to a dire situation.
I understand the parents' emotions in this and their wishes. And everyone wishes that things could be different. They have fought valiantly for their daughter and should only be commended. But there comes a time when you lift up your head and realize that your energies can be best focused by pouring your love and energy into your child... not other things.
I cannot speak of the moral and legal issues in this matter, other than to say that our nation is governed by the rule of law. And woe unto us if we do not like the laws or the men that work for us in government. It is our responsibility to be good stewards of our liberties, instead of only complaining bitterly when we don't like how the law applies to us. That's the travesty in this legal case.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.