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!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.