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.
The businessperson who, through attorney Gloria Allred, has offered Michael Schiavo a million dollars to walk away will be on Hannity & Colmes tonight, Thursday - March 10, 2005 at 9.00pm ET (GMT-5).
Will you ping me when you watch pretty please? TIA (thanks in advance) AFE
I have underestimated the nobility and character of Jeb Bush once already, so I will hold my tongue and try to have more faith in him than I had in 2003. But doing what's right is sometimes a fearsome thing.
Get her out of there, Governor, and let the chips fall where they may.
Why do you think this is happening. Put aside everything I've said, because I am really curious as to why the courts keep backing this up. Why?
I don't buy it.
Wouldn't want to err on the side of keeping an innocent woman alive, now, would we, Herr Greer??
I hope you're right.
Those same thoughts about Terri's wishes have crossed my mind many times.
You have to wonder if the judge isn't influenced by his own fear? Perhaps he projects his own terror of being incapacitated onto Terri.
Perhaps he imagines if he were in her situation he'd rather be dead. Maybe he's supposed to be objective in his decisions but I'll bet he's not the first judge to bring his own emotions to the issue.
If you ever have a case that goes before a judge the first thing your lawyer will tell you is a lot depends on what judge you get. Just as liberal judges rule along liberal lines, and conservatives along conservative lines, you have to believe judges also rule according to their emotions.
This judge seems hell-bent, so to speak, on enforcing Terri's wishes, when as you point out, there's lots of room to wonder what she would have wanted, and the person telling us what she wanted lacks credibility.
I don't know what you've said .. and I don't care what you buy.
It's not up for debate. Whatever must be done to save Terri from being murdered will be. If I must fly or drive or walk down there by myself.
Now what were you saying neighbor?
Anyone have a link to biographical date on this little dictator?
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No... it'sUN-EFFIN-believable !!!
BTTT!
He is not following the law..he is actually breaking several Florida laws regarding euthanasia and the disabled.. Euthanasia is illegal in Florida, as is withholding food and water from the disabled in any case..
Wait your turn in line!
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