Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[Krodg]

Thank you.

[EternalVigilance]

Sent to me from a nonFReeper friend:

Wait you GOTTA see how Jeb Bush is stalling Felos with manuvers galore! I just LOVE IT!!!!

::snip::

Attorneys for Bush were given until Thursday to file their own arguments supporting the law, but instead filed the motion to dismiss Wednesday. Attorney Kenneth L. Connor, representing Bush, said the governor is not shying away from judicial review of the statute, but that proper procedure must be followed first.

Connor said that starts with having the lawsuit filed in Tallahassee and having the governor properly served.

"The governor has the right to a home venue privilege," Connor said. "As you can imagine, this is not the only lawsuit brought against the governor, so if you wind up forcing the governor and the staff to trot all over the state, that winds up being an extraordinary consumption of state resources."

Felos said his lawsuit was faxed to Bush's office, and counsel for governor was present at the emergency hearing Oct. 21 and did not raise those concerns.

"It's almost unbelievable that the governor of our state and someone who we hope would show some integrity and leadership would resort to such a low and trashy legal move in this case," Felos said.

Connor said the governor's motion was not a delaying tactic.

"Mr. Schiavo could have avoided the delay had he simply complied with the rules," Connor said. "If there's a delay as a result of the way in which this case has been handled it's because of the way in which Mr. Schiavo's lawyers conducted themselves, not the governor."

Connor also disputed Felos' claim that Bush improperly stepped into the business of the state's courts.

"This is not an encroachment on the judicial powers," he said. "What this is an extra added layer of protection that the Legislature passed to help assure that the lives of the disabled and their health care choices are in fact protected and respected."

::end snip::

Gawd it is good to see someone finally make that worm Felos squirm.

http://www.phillyburbs.com/pb-dyn/news/103-11052003-191688.html

[nicmarlo]

"Michael, no way am I going to dismiss their lawsuit, furthermore you need to come back into court and answer two of their claims. Tell the court #1 how you have provided good medical care for her, #2 why you don't have a conflict of interest because you are fooling around with another woman."

[sweetliberty]

"This is the same judge who has ruled over and over and over in favor of the husband."

But that was before there were so many people watching, and before a lot of dirt started coming out from under his rug. Now that this case has aroused the public interest, he might be paying a little bit closer attention to detail. Perhaps he really was ignorant (granted, by choice) of a lot of the facts and he has now been confronted with them by angry Americans. Maybe he is backpedaling to save his own #$$ or maybe he figures it's good PR and will get overruled somewhere else. It's even possible that God changed his heart. At this point, I don't really care what his motives were for doing the right thing. I only care that he did.

[Sunsong]

Wow! Great news! I hadn't heartd this.

[floriduh voter]

As you know, there's nothing trashy about Jeb Bush, contrary to Felos' unsolicited opinion.

All was fine at Hospice this afternoon. Of course, we'll all feel better when Terri is placed somewhere licensed to treat chronic illness.

[sweetliberty]

"It's almost unbelievable that the governor of our state and someone who we hope would show some integrity and leadership would resort to such a low and trashy legal move in this case," Felos said.

Pot, meet kettle! ROTFL! That is just too good!

[sweetliberty]

*WHISTLES, CHEERS, SHOUTS*

I love seeing the demons mocked, especially by their own tactics! I knew the governor's people weren't sitting on their hands. Go Jeb! Kick some serious litigious #$$!

[pollywog]

For anyone who might have missed this quote from another thread, apparently someone who was in the courtroom said that this was Judge Greer's words:

"Michael, no way am I going to dismiss their lawsuit, furthermore you need to come back into court and answer two of their claims. Tell the court #1 how you have provided good medical care for her, #2 why you don't have a conflict of interest because you are fooling around with another woman."

WOHOOooooooooo Sounds like God has been speaking to the heart of Judge Greer!! God is answering our prayers. I have been praying for that Judge!!!!!!!!

[supercat]

For anyone who might have missed this quote from another thread, apparently someone who was in the courtroom said that this was Judge Greer's words

It is almost certainly not Judge Greer's words verbatum. It's somebody's interpretation of what Judge Greer said. As to how closely it resembles what he actually said, I have no idea.

BTW, if the judge is trying to follow the law, he should also ask why Michael's behavior isn't a violation of (section number) that prohibits guardians from engaging in sexual cohabitation. Actually, this would be the spot I'd more expect Greer to focus on, if anything, since it would leave him an "out". After all, Judge Greer has previously found that Michael was providing appropriate care for Terri, and that he had no conflicts of interest. For him to change stance on his issues would be for him to go against his earlier rulings. On the other hand, if he were to find that Michael's violation violated Florida guardianship statutes, he could maintain that his earlier rulings were correct but that Michael should be removed as guardian because of the formerly-unaddressed issue.

[livius]

Yes!!! This is wonderful news, and I'm impressed at the way Jeb is handling it.

[pollywog]

Wonderful news, and very unexpected after the setback with the ALCJ. Keep praying, people - and keep digging.

Was this not the ALCJ representing the Schindlers today? This case is getting confusing....*sigh*.....

[kcvl]

Check out O'Reilly's interview with this woman...

http://www.katesjourney.com

[kcvl]

She was also in a "vegetative state".

[pollywog]

The Power of Prayer !!!!

I believe that with ALL MY HEART. This is a spiritual battle, and we win these in THRONE ROOM of God!!!

[sweetliberty]

Ping to EV's post #42 for beautiful irony!

[TheOtherOne]

(section number) that prohibits guardians from engaging in sexual cohabitation

This refers to Sexual cohabitation with the subject of the guardianship, not with 3rd parties. Otherwise, a married person could never be a guardian. You are confusing the issue.

[firerosemom]

There was a wonderful piece on just now at the end of the O'Reilly factor about a woman diagnosed with PVS who came out of it - her husband was a ferocious advocate for her - he was an attorney who finally convinced doctors to reinsert her feeding tube after being off it for eight days! She said the hunger pains were torture! She also said it was so frustrating to be able to hear and be aware of everything when she couldn't get her message out to anyone that she was alive in there!

[sweetliberty]

I think Terri scored again with O'Reilly's interview with Kate Adamson(?). That was very powerful when she described the agony of having the feeding tube removed and being able to see and hear everything. WOW! I have a feeling that a LOT of minds will be changed hearing that. God bless Bill for opening that door!

[pollywog]

But with Greer again?? Unless he's realized how screwed he is if he doesn't switch sides here

I believe he HAS REALIZED IT!!!! I honestly DO !!! I hope I am right,but that is how I feel. I think the tide is turning. Thanks to many freepers, the Terri's LAW, and a MIGHTY GOD!!!