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Judge Denies Bush's Request To Rehash Terri Schiavo Case
TBO News ^ | August 28, 2003 (actual date) | David Sommer

Posted on 08/27/2003 10:33:14 AM PDT by 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: florida; jeb; terrischiavo
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To: JulieRNR21; Ragtime Cowgirl
Judge Greer is in my circuit. He is elected. I'll never forgive or forget him, ever. Depend on it.

Thanks for all the info and contact info. I'll go into high gear tomorrow morning first thing.

Leni

141 posted on 08/27/2003 9:32:30 PM PDT by MinuteGal
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To: JulieRNR21; Ragtime Cowgirl
Judge Greer is in my circuit. He is elected. I'll never forgive or forget him, ever. Depend on it.

Thanks for all the info and contact info. I'll go into high gear tomorrow morning first thing.

Leni

142 posted on 08/27/2003 9:32:50 PM PDT by MinuteGal
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To: NYer
Contempt of life.
143 posted on 08/27/2003 9:37:41 PM PDT by PGalt
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To: All
It may not be as bleak as it seems...the Governor's letter was outstanding, and along with all you folks' good work, the "tide may be be turning" yet...I will hope and pray so.

Here are some excerpts from the article that seemed at least a bit positive:

``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 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.

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.

144 posted on 08/27/2003 9:41:46 PM PDT by 88keys
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To: Ragtime Cowgirl
RC, sorry I just got back to this thread. Will this be the thread information that JulieRNR21 has posted at #135?

145 posted on 08/27/2003 10:02:45 PM PDT by windchime
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To: livius
My understanding is there really isn't any money left. How horrific for the parents to watch their child being murdered. This IS murder plain and simple.

I get so sick to my stomach over this case. May God in heaven protect this woman, may He give some measure of comfort to this family. What a nightmare!
146 posted on 08/27/2003 10:09:13 PM PDT by Vets_Husband_and_Wife (CNN: where " WE report what WE decide!!")
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To: JulieRNR21
Thanks, Julie. Will make the call tomorrow.
147 posted on 08/27/2003 10:11:19 PM PDT by windchime
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To: cake_crumb
I know. This is the MOST INHUMANE thing I've witnessed in all my years in medicine and in hospice. We treat animals better than this.

She is so sweet..and her family is so sweet. If I was there I would BLOCK this somehow someway. Where are the HUMAN RIGHTS GROUPS on this ONE?
148 posted on 08/27/2003 10:11:22 PM PDT by Vets_Husband_and_Wife (CNN: where " WE report what WE decide!!")
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To: TheOtherOne
From what I understand.. there are NO WITNESSES to Terri EVER stating she didnt' want to be kept alive by artificial means if she was ONLY BRAIN DAMAGED.

She is NOT BRAIN DEAD!!! That is the difference here!!!
149 posted on 08/27/2003 10:15:58 PM PDT by Vets_Husband_and_Wife (CNN: where " WE report what WE decide!!")
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To: 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

THAT IS SO IMPORTANT!!! I've been screaming this all night!! IT is ONE THING if a patient is BRAIN DEAD.. this woman is BRAIN DAMAGED. I worked for a Physiatrist. There is such a HUGE Difference!! Thanks for saying this!!

Dear Father in heaven.. what is happening is CRIMINAL!! She is being treated less humane than we would treat a cat or a dog.. where is the OUTRAGE???

150 posted on 08/27/2003 10:19:28 PM PDT by Vets_Husband_and_Wife (CNN: where " WE report what WE decide!!")
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To: Almondjoy
No matter what you say to rationalize this - this is murder, this is greed, this is killing someone unable to speak for themselves.

All of his actions point toward his wish that she die so that he can go on with his life and with her money.
151 posted on 08/27/2003 10:50:14 PM PDT by ClancyJ (It's just not safe to vote Democratic.)
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To: JustPiper
Pretty awful, huh ?? ...

#1-850-488-1581


152 posted on 08/28/2003 3:10:47 AM PDT by MeekOneGOP (Check out the Texas Chicken D 'RATS!: http://www.freerepublic.com/focus/news/keyword/Redistricting)
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To: jmc813
"The time has come for some good ol' fashioned civil disobedience IMO."

Amen to that....on many fronts. The God hating death cult has run rough shod over everything that America stands for, and we have allowed it. Have we had enough yet?

153 posted on 08/28/2003 4:52:33 AM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: JulieRNR21
Problem is, as a matter of law, JQC will not look into this.

154 posted on 08/28/2003 5:48:52 AM PDT by MindBender26 (For more news as it happens, stay tuned to your local FReeper station.........)
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To: NYer
August 28-NEW-Freepers Call to Action Thread

http://www.freerepublic.com/focus/news/971896/posts?page=3
155 posted on 08/28/2003 6:10:23 AM PDT by windchime
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To: TheOtherOne
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.

You sidestepped the question.

Of course you and I are just as familiar (unless you happen to be Michael Schiavo) with what she allegedly said to her husband - he is the only one who knows whether or not she said anything, which is the whole point.

What I asked was if you were familiar with the DETAILS OF THE CASE, ie the extenuating circumstances surrounding the issue of his insistence that she would want to die.

I'd still like an answer to that original question - how much do you know about all this?

156 posted on 08/28/2003 7:32:46 AM PDT by agrace
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To: agrace
You asked about why I used the word probably. It was in reference to her wishes and what might motivate her husband. You questioned whether I knew the facts of the case due to my use of the word probably. I explained quite clearly why I would use that word. I am not in a competition about who knows more about the case. As for the central fact, we both know the same, nothing about what she may or may not have communicated to her husband. You think it is right to presume something contrary to what her husband indicates was her wishes. I chose not to make that presumption, I think it is dangerous. I see no end to where the state or third parties could question private medical decisions.
157 posted on 08/28/2003 7:49:21 AM PDT by TheOtherOne
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To: TheOtherOne
You don't think circumstantial evidence should have any bearing?

You don't think what her parents and family have to say should have any bearing?
158 posted on 08/28/2003 8:17:37 AM PDT by agrace
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To: agrace
They were considered in the court process, and a decision has been made. I am trusting the process. I no more believe her parents then her husband, their positions notwithstanding, as there is no basis to. While it is possible that she would want to be alive and the state would allow her death. That would be tragic. However, that possibility is not enough to overide the fact that her husband is her guardian under the law, and the state and her parents have no greater right to decide in his place. As I said before, to do so would open up many private medical decisions to state and third party interference
159 posted on 08/28/2003 9:05:16 AM PDT by TheOtherOne
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To: TheOtherOne
Actually, I have read that there is evidence that was never allowed to be considered during trial.

And that aside, what about the fact that Michael Schiavo never once mentioned that Terri said anything of the kind until years after her accident, until after he got his and Terri's malpractice award?
160 posted on 08/28/2003 9:26:42 AM PDT by agrace
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