Skip to comments.Judge says DCF can't intervene in Terri Schiavo case
Posted on 03/10/2005 12:22:56 PM PST by amdgmary
TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.
But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.
Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.
But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.
The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.
The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.
In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.
Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.
In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.
Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.
They're HELL-bent on MURDERING TERRY BTTT!
Ping. Judge Greer strikes again.
Judge Greer has got to go!! Something has to be done before it is too late to save Terri. If the Legislature takes too long poor Terri will not live to see her law enacted.
Fasten your seat belts . . .
No way DCF is going to let Greer kill Terri while serious allegations of abuse/neglect/exploitation go unanswered.
No way!!! Only one solution: PROTECTIVE CUSTODY!!
Did he channel this from some ancient spirit, or is he just divine, and omniscient in his observations?
Mr. Greer is apparently afflicted with delusions of grandeur: he thinks he's God.
If the same judge does the appointing, I am not sure this would be a big help to Terri. Still praying for miracles here. Hope DCF goes for protective custody - and SOON.
Man! Can't something be done about this judge? Who's over him, and WHY is he doing ALL the rulings????
This judge is on some kind of mission.
Jeb needs to let the judge know if he gets away with this legally that he will be arrested for first degree murder.
In the legislature.
They wrote the law. They can change it.
I hope DCFS take Terri into protective custody right now! We need to pray that they do! God I hope they do and pray they do take her into custody! Unbelieveable!!!!!!!!!!!
re: delusions of grandeur
Having followed this case pretty closely for these many years and watched this moron at work I'm convinced it's more a matter of delusions of adequacy! I'll be if you looked back in this judge's high school yearbook the caption under his photo would read "Seldom right, but NEVER in doubt." I pray for this lady and her family, all they have ever wanted for her was an honest shot at rehab for her. If there was ever a case of neglect, this is it. She went for years without even having her teeth brushed. The husband denied her physical therapy at even the most minimal level. This man (these men?) want Terri dead way too badly.
Why is this judge still on the bench?
"appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Greer, you criminally incompetent moron. Of course it is to circumvent your assinine ruling. However, instead violating the "separation of powers" it actually affirms them. If Governor Bush lets this Bozo get away with this, judical tyranny will rule forever in Florida. Terri has become the Dred Scott of Florida.
What "artificial life support" is Terri on, other than a food tube? I am scared I know what the answer is.
they also wrote the law that added feeding tubes as "artificial means" and that is the law that gave the Judges the power to order her death...they need to repeal that law!
Greer: "They are trying to seperate me from my powers. I said the bitch is gonna DIE and I meant it. NO ONE WILL STOP ME."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her FROM BEING MURDERED.
It also states the person has to be PVS. There have been advances in testing but Greer will not allow new tests. The question is, why?
I consider this judge to be the personification of evil. More so than the "husband".
Why? Because however wrong and bad, the husband-in-name only has an active and personal motivation. Greer's motive is trivial and impersonal.
He set the proposals up so Terri could never win.
Basically, unless someone came up with a treatment that would REVERSE HER BRAIN DAMAGE (which, appears impossible), THEN SHE MUST DIE. That is the bottom line, you can read it for yourself in the judge's abstract.
It is NOT OK if she exists at the current level. He had determined she is NOT AWARE, even though everyone who has no benefit from her death says she is.
Michael is being supported by ORGANIZED CRIME in Florida. There, I said it. Check for yourself. See why the doctor who originally signed the DEATH WARRANT for TERRI, is a DR. GAMBONE.
Count-down to murder.
I am correct in understanding that all Greer can do is refuse to delay execution day.
He can't stop the DCF from investigating.
The problem isn't the judge; it's the law and always has been. It's completely and easily fixable.
JINO Greer + HINO Schiavo = MURDERERS x 2
Despicable pieces of satanic excrement. May they get no peace or happiness in this life and may they both burn in hell in the next.
the judge will be removed in a straight-jacket, I think.
I believed that Terri's Law was legal
I can not even begin to grasp what kind of pain Terri's parents must be going through.
Michael Schiavo......I challenge you to a duel you POS MF!!!!!!!!!
I want to be the one who stamps your ticket straight to hell!!!!!!!
(No penguin for this post)
State Attorney should have Greer, Schiavo, and Felos arrested for attempted murder.
Cuz thats what it is.
WOW! This SOB is set on his way...IN OTHER WORDS he's flipping you all the bird down in FL!! What say you?!!
He can't stop the DCF from investigating.
Terri's body is part of the investigation. Greer has ordered, at Schiavos insistence, that she'll be cremated immediately after her death. No funeral. That will effectively stop the investigation.
" Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially ."
Assuming that Terri, at some point, did say- " Oh, I never want to be hooked up to machines."
Which is a common sentiment expressed by young people, without illness, who have no concept of what it means to fight for one's life.
How can the husband and Judge Greer know that Terri did not change her mind or never really believed that sentiment, but, just said it to go along with the crowd ?
If Terri really believed that she would not want to live unless she was supported by machines ( and a feeding tube is not a machine ) she would have signed a Living Will.
If Terri was completely non responsive-flat EEG,no response to pain or any stimuli, unable to breathe on her own- she would be in a vegetative or comatose state.
From the videos I have seen, poor Terri looks no different than many brain damaged children, stroke victims and patients suffering severe brain trauma .
Perhaps the Judge should visit some rehab facilities and see first hand what can be accomplished with dysphagia therapy and PT.
Is Schiavo also claiming that Terri said she wouldn't want to have rehabilitative therapy ?
If seems that if only Terri could swallow, the husband and Judge would be thwarted.
The Schaivo case is like watching a slow mo snuff film , with the blessings and assistance of the court.
I must say, if I were Terri's parents I would kill her husband. I would shoot the SOB and take my chances in hell and prison but by God, I would see him dead first!!
No, I know the whole story - I just can't figure out how this judge can get away with this. Is there NO accountability??? This judge can do whatever he wants?? In America??? This is horrifying; sickening! Someone has to be able to stop him. What do we do???
anybody know where this goes from here?
I hoped it was legal, but I didn't think it was. And if I didn't think it was, I was certain that the Florida courts would take an even dimmer view of it. So that ruling came as no surprise to me, or the overwhelming number of legal commentators who opined on it at the time.
I don't know what possessed the Florida legislature to attack the problem in that manner. Surely they have legal counsel who could warned them that this probably wouldn't fly.
All they have to do is eliminate artificial feeding and hydration from the applicable code. Clearly constitutional. Case over.
No, Dog Gone - The problem IS the judge. WHY is HE the ONLY one who can make ALL the rulings, and WHY does he strike down ALL motions (and they're reasonable) by the parents??? Why won't he allow tests, why is Terri in a hospice (of which he has connections), why does he not recuse himself, why does he allow Michael to be her guardian, etc, etc. It's so in-your-face, and blatant that he's going to do whatever HE wants. This is so unbelievable!
Also consider that in 1990, a feeding tube was not classed the same as a ventilator or respirator. It was only included, in Florida, in 1999.
If seems that if only Terri could swallow, the husband and Judge would be thwarted.
Judge Greer won't take that chance. He's ruled twice that Terri is not to be fed by mouth.
DCF has not yet said what they'll do.
>The problem isn't the judge; it's the law and always has been. It's completely and easily fixable.<
Let's hope the Florida legislature gets off its collective duff and fixes it.
And he is NOT following the law as it is written. The law states that the person must be PVS (which means no response at all) for the guardian to have the feeding tube removed. Greer has ruled that Terri is PVS, even despite the evidence (which he refuses to look at or dismisses) to the contrary. He even REFUSES to let her have additional tests - why?? Where is the harm? And he has never been to see her to find out for himself what her condition is. AND, to top it off, he won't allow ANY videos or pictures to be taken of Terri - which would prove that she isn't PVS. What the He!! is he doing???? And you say WE are savaging HIM? He's an absolute monster and deserves to be "savaged"!
What about her husband not filing proper paperwork as far as bieng her guardian? I'm not sure of the details but that's what I've read. And he has reversed his decisions several times so I don't see how he's following the law.
I'd easily got to jail for my kids if their life was hanging on the balance and I could do something about it, but that is just me!
I have no idea. If DCFS doesn't take Terri into protective custody I fear Terri will die sometime in the next couple weeks.