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.
There was an allegation that a beating which caused broken bones caused her condition. I don't know if it was actually investigated. The Attorney General's office would have that authority. But I repeat, I don't know if the charge was investigated. Broken bones show up on X rays and CT scans years after they've healed.
Lil Johnny Edwards and his trial lawyer buddies get a lot of mileage out of cases where they can condemn insurance companies for "not caring" about helpless patients. I only mention this as an example of the hypocrisy of the left, those who 'claim' to care while killing our most helpless.
One of Sen. Edwards most famous cases - where he raked in MILLIONS - a child, helpless from birth because of complications at birth, was only getting 18 paid for physical therapy sessions per year, when Sen. Edwards found ONE doc. who claimed that frequent physical therapy sessions just might, maybe allow this almost vegetative child to walk someday. Never mind that the insurance company would be paying out 12 million or so in homecare and other costs, or that this well-to-do family opened a second Volvo dealership soon after, Johnny made a bundle, and found a handy story to use at campaign stops and at law schools across the country - where he's a frequently invited guest lecturer - to bash evil Insurance companies and show the world how much he 'cares' about the regular people. I don't mean to sound heartless, but Johnny Edwards milks this case still today.
In Terri's case, physical therapy was called for - and denied by the husband and THIS Judge. Something's seriously wrong with this picture. If there is ANY chance that Terri is sentient, SHE need protection and this husband and this Judge ARE killing her.
Give custody to the parents. If we can't protect our most helpless and INNOCENT, our JUSTICE is absolutely broken.
There is even a witness who claims MR. WRONG never got permission from Terri to make end-of-life decisions for her. She never asked for a living will. Who would give 'guardianship' rights to a man who scares witnesses?
If there ISN'T a law, WRITE ONE. This isn;'t a traffic ticket, it's life and death!
I agree, Governor Bush needs to interfere. This is an execution - and the disabled person's biggest nightmare.
Governor Jeb Bush (R)
Office of The Governor
Florida Capitol Building, PL-05
Tallahassee, FL 32399-0001
(850) 488-7146
(850) 488-4441
jeb@jeb.org
Attorney General Charlie Crist
Office of Attorney General
State of Florida
The Capitol
Tallahassee, FL 32399-1050
(850) 487-1963
Fax: (850) 487-2564
ag@oag.state.fl.us
The (dis)Honorable George W. Greer
6th Judicial Circuit
315 Court Street, Room 484
Clearwater, FL 33756
(727) 464-3933
ggreer@co.pinellas.fl.us
The woman should at least have a jury trial. The state, as it stands, has, without jury, been condemned to death at the will of one man. Give me a break. This is not justice. She must have more defense than this politically correct judge.
What in the world are you talking about? This is a tragic, yet interesting situation, but your hysterics make you look like you are out of your mind.
Any time a person is going to legally have life support removed, its an execution. How about you give us a break?
It was interesting to observe that Bouvier's Law Dictionary, Rev. 6th ed., (1856), contained entries for 'HIS EXCELLENCY' (governor) & 'HIS HONOR' (lt. governor & inferior magistrates) - titles given by the constitution of the State of Massachussetts.
Wanted to post Jeb's whole letter from summer's thread.
Our good Gov. understands this case. He isn't simply zipping off a note to the Judge for political purposes.
In light of these honorable and highly appropriate words - this plea from the Governor of the state for the appointment of a new guardian for Terri, the Judge's scornful dismissal says all anyone needs to know about his fitness to make this life or death decision, imho.
Prayers for Gov. Bush, Terri and Judge Greer.
From JEB to FR: Full text of Gov Bush's letter to Judge Greer re: Terri Schiavo
Email from Gov Bush to summer, for FR | Aug. 27, 2003 | FL Gov Jeb Bush
Posted on 08/27/2003 9:43 AM EDT by summer
Note to FR, from summer: Yesterday I emailed Gov Bush, thanking him for taking action in this matter. I mentioned to him that I hadn't seen a full text of the letter he wrote to the judge, and I would like to read it. I then received it this morning by email from his office.
After that, I noticed his letter -- while not published in full by any of the newspapers I saw -- is also available and does exist in a download on Teri's web site.
However, for those unable to access that download, and who, like me, wanted to read the letter, here it is -- for all of us on FR, from Gov Bush:
------------------------------------------------
----- Original Message -----
From: [Governor Bush's office]
To: [summer's email]
Sent: Wednesday, August 27, 2003 8:06 AM
Subject: Letter regarding Terri Schiavo
> August 26, 2003
> The Honorable George W. Greer
> Judge, Sixth Judicial Circuit
> 315 Court Street, Room 484
> Clearwater, Florida 33756
Dear Judge Greer:
> I appreciate the challenging legal and ethical issues before you in the case > of Terri Schiavo. As I have expressed over the course of the past several > weeks, our system of government has committed these decisions to the > judicial branch, and we must respect that process. Consistent with this > principle, I normally would not address a letter to a judge in a pending > legal proceeding. However, my office has received over 27,000 emails > reflecting understandable concern for the well being of Terri Schiavo. > Given that there is no procedural avenue available for these views to be > expressed to you in the normal course of the proceedings, I feel compelled > to write in the hopes that you will give serious consideration to > re-appointment of a guardian ad litem for Mrs. Schiavo before permitting the > removal of her feeding tube or other actions calculated to end her life.
> This case represents the disturbing result of a severe family disagreement > in extremely trying circumstances. Emotions are high, accusations abound, > and at the heart of this public and private maelstrom is a young woman > incapable of speaking for herself.
> I am disturbed by new rumors about the guardian's actions related to the > current care of Mrs. Schiavo. It has come to my attention that Mrs. Schiavo > has contracted a life threatening illness, and that she may be denied > appropriate treatment. If true, this indicates a decision by her caregivers > to initiate an "exit protocol" that may include withholding treatment from > Mrs. Schiavo until her death, which would render this Court's ultimate > decision moot. While the issue of Mrs. Schiavo's care is still before the > Court, I urge you to ensure that no act of omission or commission be allowed > to adversely affect Mrs. Schiavo's health before the September 11th hearing > you have set. No one involved should be permitted to circumvent due process > or the Court's authority in order to achieve personal objectives in this > case.
> Even discounting these rumors, there are a number of factual disputes > regarding Mrs. Schiavo's medical condition, past and current care and > therapy, and her prognosis. Given the contradictory positions of her > guardian and other family members, I respectfully ask that you re-appoint a > qualified guardian ad litem to independently investigate the circumstances > of this case, and provide the Court an unbiased view that considers only the > best interests of Mrs. Schiavo.
> It is a fine balance between Mrs. Schiavo's right to privacy and her right > to life, both of which are co-equal in our Constitution. To err on one side > is to prolong her existence, perhaps against her wishes, and continue the > debate. To err on the other is an irrevocable act that affords no > remediation. I respectfully ask that you give Mrs. Schiavo's family the > opportunity to present any new evidence as to her wishes. Evidence as to > her wishes should be reweighed as often as necessary to take into account > the effect of any new evidence, that is, to determine whether "clear and > convincing evidence" still exists that Mrs. Schiavo would now choose > withdrawal of life-prolonging procedures. While this process may delay the > surrogate's exercise of Mrs. Schiavo's privacy rights, it is necessary to > avoid denying her right to life. I urge you to err on the side of > conservative judgment to ensure that all facts can be uncovered and > considered before her life is terminated.
> I appreciate your compassion for Mrs. Schiavo's plight, and that of the > family members locked in dispute in these tragic circumstances. In light of > the ongoing contention related to so many issues in this case, I hope you > will consider appointing a guardian ad litem to ensure that the ultimate > decision is based on facts presented clearly, unclouded and uncolored by > personal interests of litigants.
> Sincerely,
> Jeb Bush
> cc: Patricia Fields Anderson, Esq.
> George J. Felos, Esq.
I'm adding my prayers as well.
I'm stunned by this judge's dismissal.
God Bless JEB for writing in Terri's behalf.
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.
There is absolutely NOTHING WRONG with the language of this letter. It expresses nothing but a sincere wish that Mrs Shiavo's rights (until judgement otherwise by the court, she still has some as a human being) are protected and her case is reviewed by an unbiased third party.
I don't know what all is in his file. The request seems perfectly reasonable since we're talking about a victim here, not a serial killer under a death sentence. Hopefully, the judge will reconsider this.
Well, if he's living in sin with a woman while still married, he sure can't claim it's because he's a good Catholic.
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
Please let me know if you want ON or OFF my Florida or General Interest ping list!. . .don't be shy.
This is so wrong.
I have thought of that, too. Terri's case could be a lesson to all parents to encourage children to establish a prenuptial agreement (or postnuptial if children are already married) that would address parental participation in such decisions should such a horrific situation arise. Optimally, the individual would have prepared a written document stating their wishes, but at 26 how many think of that and how many times would they change their minds?
Financial prenuptials, IMO, are guided by materialistic values, but the life or death decision within a family goes to the essence of their moral values.
As to Michael Schiavo's EVIL rantings........Sounds like he could be driven to really go ballistic and make public statements extremely damaging to himself, if enough pressure was applied.
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