Judge Denies Bush's Request To Rehash Terri Schiavo Case

TBO News ^ | August 28, 2003 (actual date) | David Sommer

[NYer]

CLEARWATER - A judge on Tuesday quickly rejected Gov. Jeb Bush's request for a fresh look at whether Terri Schiavo's feeding tube should be removed.

``I read [the request from Bush] because it came from the governor and I respect his position,'' Pinellas-Pasco Circuit Judge George Greer said. ``Beyond that, it is going in the file.''

Greer received a letter from Bush asking that he appoint an independent guardian to investigate whether Schiavo would want to be taken off life support.

Schiavo's husband, Michael, and her parents have been battling for years over whether she should be allowed to die. The 39-year-old woman has been in a comalike state since suffering heart failure in 1990.

``This case represents the disturbing result of a severe family disagreement in extremely trying circumstances,'' Bush wrote to Greer. ``Emotions are high, accusations abound, and at the heart of this public and private maelstrom is a young woman incapable of speaking for herself.''

But appeals courts have already looked at the guardian issue and decided that Greer fulfills that role, the judge said Tuesday. Also, Greer said, he is under specific orders from the 2nd District Court of Appeal to schedule the removal of Schiavo's feeding tube.

In his letter, Bush said he realizes he has no role in the process of deciding whether Schiavo would want to be kept alive with no realistic chance of improvement. But after receiving more than 27,000 pieces of e-mail, ``I feel compelled to write,'' the governor said.

Greer said he is treating the governor's letter like the many others he has received and will place it in the case file.

Greer also summarily rejected Michael Schiavo's request to discontinue medical treatment for a severe infection that resulted in his wife's hospitalization this week.

In the three years Greer has been holding trials and hearings on Michael Schiavo's request for permission to remove his wife's feeding tube, the issue of withholding medical care for any illnesses Terri Schiavo might suffer has not come up, the judge said. The issue would require another trial, the judge said.

Michael Schiavo said Bush's letter was inappropriate.

``The governor has deliberately twisted the facts in this case in an apparent effort to kowtow to his `right-to-life' political supporters,'' Michael Schiavo said. ``This has nothing to do with him. He should stay out of it.''

Michael Schiavo said his in- laws, Bob and Mary Schindler, orchestrated a campaign to send e-mail to the governor through a Web site that also raises money from right-to-life supporters. He accused the Schindlers of using his wife's Catholic faith to their own ends.

``Suddenly, they are on the religious kick. They never went to church a day in their lives,'' he said. ``I believe in God and so did Terri, but they are out to push it on people.''

Bob Schindler said his son- in-law is forgetting he and his wife sent Terri and her siblings to Catholic schools and that the Schiavo wedding was performed by a priest.

``It [Michael Schiavo's comment] is really upsetting to my wife because she is a better Catholic than I am,'' he said.

The Web site has drawn a good response, Schindler said. Any donations it generates are going to family attorney Pat Anderson, who had been working for free, he said.

In a third development Tuesday, Greer denied Michael Schiavo's request for an immediate hearing to set a date for removing his wife's feeding tube. That matter will be handled at a hearing previously scheduled for Sept. 11 to decide whether Michael Schiavo can ban a priest from visiting his wife, the judge said.

Michael Schiavo's attorney said that Terri Schiavo's right to die has been thoroughly litigated and that it is time for the courts to call a halt to endless delay tactics on the part of the Schindlers.

``There ought to be a prompt hearing, and there ought to be a prompt decision,'' attorney George Felos said.

Reporter David Sommer can be reached at (727) 799-7413.

[MagnoliaMS]

I'm not really sure. I just remember reading that there was quite a large amount of money that was supposedly earmarked for her, and her rehabilitation. He was appointed guardian, or conservator. But he didn't see fit to spend the money on her rehabilitation, and it seems that he feels what is left of it is his, and his alone.

And someone please help me here: Did I not read that when the feeding tube is removed, the hospital/parents are NOT ALLOWED to try feeding her, to see if she can survive without the tube? I have not been able to keep up with this day by day, but I do check it out as often as possible.

[floriduh voter]

We have a great Fla AG, future Governor of Florida, Charlie Crist. I sent him an email about this as I'm sure others did thanks to RC. Terri's parents are so emotionally upset about this and have a spokesperson - they must have an attorney but so far, they've been shut out.

I don't understand how a human being also known as "the ward" can be starved to death in a few weeks. What if she wants to live, whatever living means to her? Look at Christopher Reeves. Should he be disconnected from his ventilator because he's not superman anymore?

[cake_crumb]

"I'm not really sure. I just remember reading that there was quite a large amount of money that was supposedly earmarked for her, and her rehabilitation"

I THINK it was a million, awarded in two seperate lawsuits.

[windchime]

"Seriously, what this demon is demanding is cruel and inhuman!"

Yes, and what he is demanding demonstrates what a Godless and selfish soul he is, particularly with Terri's parents begging to be responsible for her care.

[MagnoliaMS]

That's what I was thinking.........and that there's approximately $750,000 left.

[Calpernia]

>>>Should he be disconnected from his ventilator because he's not superman anymore?

Of course not! I totally agree with you. I've been sending faxes cause from the threads, I saw emails and phone calls seemed covered.

>>>We have a great Fla AG, future Governor of Florida, Charlie Crist.

I did see reference to that. But, I'm not sure I made clear what I meant. You don't have to be a person of the law or legal realm to issue a summons (I know that is true in NJ). An average citizen can stroll into the City Hall and fill out the paperwork for a summons for arrest, citation, or even issue a traffic ticket.

Go back to Cowgirls post. There is a charge that we know of alone just from reading media sources. Her parents can issue this charge!

[cake_crumb]

"I don't understand how a human being also known as "the ward" can be starved to death in a few weeks."

I don't understand how the court can accept that she's comatose when there is video evidence of her looking around and even looking at her mother and smiling. Looking around, smiling at your parents and trying to talk aren't symptoms of any coma I've ever heard of.

I'm looking around the site, trying to find out if the video evidence was allowed in court? I see her loving hubby tried to prevent their being made public, but can't find whether they were admitted as evidence.

I'd also like to know how many times Greer has met the woman he's going to put to death?

[Ragtime Cowgirl]

You're welcome, Calpernia. summer had a great idea. She suggested we post fv's #72, the Judicial Qualification Com. phone # info, as a separate thread. If enough people call in protesting this Judge's decision, previous actions (treating the Governor's plea so callously re. Terri's LIFE is enough, imho) - this Judge could be removed from the case for bias.

I'll post it, but I think someone more intimately involved with the case (and less 'brusque' than I) could rally more people behind this important cause. Know anyone with the time and willingness to post such a thread and keep it going? (^;

[floriduh voter]

I'm not sure we can do the summons thing here. I skipped over your inquiry because if they have an attorney, I'm sure the parents have exhausted all avenues and as long as the bureaucracy is in lock step with Judge Greer, nobody is on the parents' side except decent Americans and Floridians. Everyone at the Clerk's Office is afraid to step into this case or talk about it, believe me.

The guardian ad litem that Gov. Bush recommended would solve a lot of problems. That would have been the best solution but it's just a letter in a file. J. Greer made that clear on the radio this morning.

[Calpernia]

>>>Know anyone with the time and willingness to post such a thread and keep it going? (^;

Since it is Florida, do you want this? I can start making a thread tomorrow if you can't. But this may be a good lead in to rallying FL.

[TheOtherOne]

Probably because his wife told him she did not want to be kept alive by artificial means. He is probably trying to follow through on her wishes. Of course, when the state and everyone else knows better what she wanted, it must be tough.

[Ragtime Cowgirl]

Please see my previous post. I asked Calpernia, as well, but if any of you could post and help bump a thread w/ fv's #72 info, ping me when it's up and I'll help post previous links, ping AND bump! Thanks!

[speekinout]

I'm a practicing Catholic, educated in Catholic schools through college. And I know that there is nothing in Church doctrine that requires that people be kept alive through extraordinary means.
A feeding tube, a respirator, or even surgery on an otherwise terminal patient are not required.
Keeping the patient comfortable is. Painkillers, sedatives, etc. are all appropriate.

It's too bad that this happened when Terri was so young that she didn't think to have a living will. How many would really like to have their bodies kept alive when their brains were dead? I wouldn't. And I sure hope no do-gooders interfere with my intentions if the time ever came.

[RnMomof7]

I saw the film of the woman on TV. Over the years I have cared for people with serious brain injuries. This woman is not "brain dead." She followed people and objects with her eyes and seem aware of her surroundings. . This judge has just lowered the bar for "mercy " killing to convenience

But this should be no surprise . Like Hitler they are looking for a perfect people .Only the wanted , the needed and the useful need apply

[Calpernia]

>>>I skipped over your inquiry because if they have an attorney, I'm sure the parents have exhausted all avenues and as long as the bureaucracy is in lock step with Judge Greer, nobody is on the parents' side except decent Americans and Floridians.

I don't know a thing about their attorney. I will say that attorney's, in my opinion, would not by practice be forth coming with information that we as citizen's can use law without hiring them.

[TheOtherOne]

Should he be disconnected from his ventilator because he's not superman anymore?

If he asks not be be on it and it is turned off by him, do you think the State should force him to live and hook it back up against his will?

[Calpernia]

Since the bible was written BEFORE feeding tubes and scripts. How did you draw the view that pain killers and sedatives are comfortable; but food is not?

[Ragtime Cowgirl]

Cal, see my #112. I pinged a couple of Floridians, but the willingness is most important. If you wouldn't mind posting the thread, I think we would all rally the Floridians - and others - to phone the Committee. Thank you!

[cake_crumb]

The hospice she was in indicated they would NOT feed her by mouth once the feeding tube was removed. Incredible. So much for caring for the sick and infirm.

[Calpernia]

>>>How many would really like to have their bodies kept alive when their brains were dead?

Oh, and if this is in reference to THIS case, she is not brain dead. Go to her site that her parents have up to see and hear her for yourself.

As for me personally, no I would not want to be kept alive artificially. But this case is not a representative of my or your personal wishes.