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.

[cake_crumb]

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

SHE IS NOT BRAIN DEAD.

DUH!

Next time THINK before posting.

[floriduh voter]

Bingo. Terri can't speak but she can breathe on her own. Reeves can speak but can't breathe very long without the ventilator. What if Terri doesn't want to be starved to death? We cannot ask her if she wants to die.

[cake_crumb]

I think it's a good idea. We could maybe do a running "vigil" thread? I wish there were more still photos on her site. I know bandwidth is expensive, but it would help not to have morons jumping on the thread and blindly blathering that she's brain dead so let her die.

[agrace]

I noticed you used the word "probably" twice in your post. Just how familiar are you with the details of this case?

[cake_crumb]

Whoa...I got this from a National Catholic Partnership on Disability statement, dated 7/10/03 on the site. Looks like we were a little under on the awards:

"He assured the jury, which awarded $9,400,000.00 for Terri’s medical care and rehabilitation, that he would take care of Terri, 'in a heartbeat. . . . She’s my life and I wouldn’t trade her for the world. I believe in my wedding vows. The malpractice jury also awarded Michael $640,000 for loss of consortium of his wife."

[Scenic Sounds]

This is such a really tragic case.

[Victoria Delsoul]

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's right. I guess, he is in a hurry to close this case.

[TheOtherOne]

I noticed you used the word "probably" twice in your post. Just how familiar are you with the details of this case?

I guarantee you I am as familiar with what she said to her husband as you are. I have the sense not to claim to know what she wants or said. I do know that he is her guardian and speaks for her. I am comfortable with that.

[Alamo-Girl]

Thank you so much for your post and for sharing your outrage! Indeed, this whole affair points to deeply rooted problems in our society.

[fatima]

``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.''
RGSpincich Great post.

[speekinout]

How did you draw the view that pain killers and sedatives are comfortable; but food is not?

I didn't "draw that view". I listened to Catholic scholars who say that extreme means for keeping someone alive are not necessary or called for. Keeping someone pain-free is good.

[JulieRNR21]

Call the: Judicial Qualifications Commission at ...

#1-850-488-1581


Thanks....I'll call in the morning.....BUMP

[JulieRNR21]

Here's a list of FL Freepers you can ping to a new thread:

dorben; gatorman; Fearless Flyers; Luke FReeman; Lucius Cornelius Sulla; mcmuffin; luigi; 3D-JOY; MiamiFreePress; LarryLied; Victoria Delsoul; RMDupree; Luis Gonzalez; DJ88; Seeking the truth; The Right Stuff; gonzo; MindBender26; TailspinJim; summer; My Favorite Headache; MinuteGal; surely you jest; Goldwater Girl; Nuke'm Glowing; section9; windchime; hemogoblin; kinganamort;Rotti biz; Big wave Betty; Big guy and Rusty99; Matchett-PI; Beck_isright; Sherri; xtorpedoman; gemgirl; middie; Dutchgirl

[speekinout]

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.

True. The sad part is that we don't know what her wishes would be. But we shouldn't assume that her religious beliefs would have insisted that she be kept alive no matter what. That isn't necessarily so.

[JulieRNR21]

Re-Posting this from floriduh voter to all FL Freepers:

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.

[Ragtime Cowgirl]

Thank you, Julie. Posting it tomorrow morning. I'll ping.

[trussell]

Problem is that he is restricting who gets to see Terri and how often. He wont feed her even if she is able to swallow.

[trussell]

Too bad she can't be allowed to be in the court room when they are discussing her. Let the judge see that she is not in a vegetative state.

[JustPiper]

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

Oh, man this sux! This guy is a bastage!

[trussell]

This is an email I sent about twenty minutes ago:

Honorable George W. Greer
6th Judicial Circuit

Please allow me to write a few lines about Terri.

I respectfully submit the following as my point of view.

You are condemning a living, breathing, human to a horribly painful death by starvation. You need to be totally sure of what you are doing. In the very least, I ask you to go see Terri for yourself. Watch how she responds when her parents enter the room. See for yourself that she is not a vegetable. Please, don't take the husbands word for gospel. He is living with another woman and has a child with her. He only wants Terri out of the way so he can have the money that belongs to Terri, and be able to marry this other girl. Please, please don't take Terri away from the family that wants what is best for her.

Thankyou for your allowing me to voice my opinion on this matter.
(signed)