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Judge says DCF can't intervene in Terri Schiavo case
Associated Press ^ | March 10, 2005 | Mitch Stacy

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.

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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.


TOPICS: Front Page News; News/Current Events; US: Florida
KEYWORDS: dcf; euthanasia; florida; georgefelos; govjebbush; greermurderer; judgegeorgegreer; michaelschiavo; nocerebralcortex; pureevil; satanslittlehelpers; schiavo; schiavodcf; schiavomedical; sicsempertyranis; terrischiavo
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To: amdgmary
"appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."

When does appearing before the court constitute circumventing it? If it does, thousands of lawyers are circumventing courts this very moment!
21 posted on 03/10/2005 12:46:57 PM PST by The Great Yazoo (The husbands of the talkative have a great reward hereafter.)
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To: ApesForEvolution
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."

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.

22 posted on 03/10/2005 12:48:07 PM PST by UCANSEE2
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To: Dog Gone
They wrote the law. They can change it.

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?

23 posted on 03/10/2005 12:49:14 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: mlc9852

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.


24 posted on 03/10/2005 12:50:58 PM PST by From many - one.
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To: jackibutterfly
I don't know why it isn't obvious. Check all the connections between The Attorney General, the Judge, the Hospice, the donations to his campaign, his lack of filing proper papers to become a judge, his blatant ignoring of evidence which counters the judgement he made years ago.

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.

25 posted on 03/10/2005 12:53:27 PM PST by UCANSEE2
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To: amdgmary

Count-down to murder.


26 posted on 03/10/2005 12:54:03 PM PST by Old Professer (A man's conscience is like his garden, it is his and his alone to tend.)
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To: All

I am correct in understanding that all Greer can do is refuse to delay execution day.

He can't stop the DCF from investigating.


27 posted on 03/10/2005 12:54:39 PM PST by Madeleine Ward
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To: ruoflaw
Despite the savaging that Judge Greer takes here every day on every thread related to Terri, he basically is following the law as it is written. While it's certainly possible to dispute his finding of fact that Terri is in a vegetative state, there was no shortage of doctors testifying that she is. Ultimately he was the finder of fact on that issue and now he is applying the current Florida law as it is written.

The problem isn't the judge; it's the law and always has been. It's completely and easily fixable.

28 posted on 03/10/2005 12:55:16 PM PST by Dog Gone
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To: From many - one.

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.


29 posted on 03/10/2005 12:56:07 PM PST by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
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To: Old Professer

Yes


30 posted on 03/10/2005 12:56:27 PM PST by ruoflaw
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To: amdgmary

the judge will be removed in a straight-jacket, I think.


31 posted on 03/10/2005 12:57:39 PM PST by the invisib1e hand ("remember, from ashes you came, to ashes you will return.")
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To: Dog Gone

I believed that Terri's Law was legal


32 posted on 03/10/2005 12:58:48 PM PST by ruoflaw
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To: amdgmary

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)


33 posted on 03/10/2005 1:00:38 PM PST by Niteranger68 ("I am not a conservative because I am successful; I am successful because I am a conservative.")
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To: All

State Attorney should have Greer, Schiavo, and Felos arrested for attempted murder.

Cuz thats what it is.


34 posted on 03/10/2005 1:00:43 PM PST by Stopislamnow (Islam sucks.)
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To: amdgmary

WOW! This SOB is set on his way...IN OTHER WORDS he's flipping you all the bird down in FL!! What say you?!!


35 posted on 03/10/2005 1:02:35 PM PST by RoseofTexas
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To: Madeleine Ward
I am correct in understanding that all Greer can do is refuse to delay execution day.

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.

36 posted on 03/10/2005 1:04:36 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: amdgmary

" 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.


37 posted on 03/10/2005 1:06:20 PM PST by Wild Irish Rogue
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To: RacerF150

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!!


38 posted on 03/10/2005 1:07:33 PM PST by 4everontheRight ( "I'm learning to dread one day at a time" --- Charlie Brown)
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To: UCANSEE2

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???


39 posted on 03/10/2005 1:07:53 PM PST by jackibutterfly
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To: DJ MacWoW

anybody know where this goes from here?


40 posted on 03/10/2005 1:08:41 PM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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