*BREAKING* JUDGE Whittemore to Rule or Overrule Judge Greer at 6:00PM

FOX ^ | 24 March 2005 | fox

[Stellar Dendrite]

Why not NOW?

[davidosborne]

Jusge Whitamore says he wants brief by 3:00PM ET

[1Old Pro]

Why not NOW?

Because that would not comply with the folly our courts have become.

[Raycpa]

Who is Whitamore?

[Jenya]

I'm having a stupid moment. What does this mean? Thanks.

[Borges]

Why on Earth can't they reinsert the tube while they adjudicate this?

[Madeleine Ward]

Yadda, yadda, yadda.

I'm sorry, Terri, that no one would protect you.

[jbarkley]

WTH? Why is Whitamore getting involved now? Any idea what he wants the briefs to address?

[reagan_fanatic]

Satan's forces are working overtime to kill this one.

God bless and be with you, Terri. We love you.

[mhking]

Huh?

[Bigh4u2]

Because it will give Greer the chance to come up with another 'bogus' reason to ignore it.

[Mo1]

I having a hard time keeping up with this all

[carl in alaska]

That is outrageous. Terri could go into kidney failure or die by 6 PM. What is there to analyze in this case? How about a ruling in 15 minutes Judge Whittemore? Get off your fat a## and overturn this thug named Greer.

[snowsislander]

Why on Earth can't they reinsert the tube while they adjudicate this?

This is just a ruse to take more time off Mrs. Schiavo's life. It is about the most cynical and disgusting thing that I have seen from our judiciary.

[Bigh4u2]

"Any idea what he wants the briefs to address?"

I would assume it's the new evidence that the Governor was talking about.

[smiley]

.....could it be the new evidence that Gov. Bush talked about in his press conference...that would result in the State of Florida taking custody of Terri?

[Nice50BMG]

My wife is a nursing home administrator and deals with late-stage and end-stage terminal patients all the time, including Alzheimer's patients. There is a point in a person's care where the limits of medicine are reached and their condition deteriorates to a point where they have no function, control or cognition. Alzheimer's is a terrible disease. In many cases, food and hydration is withheld from end-stage Alzheimer's patients who are in such a deep state of functionlessness that the doctors and family believe that there is no compassionate way to preserve their life, or any quality thereof. This is one of the most difficult challenges a family or a physician can come to, and there are often disagreements over when that stage has been reached. Some families opt to continue care until the patient's neurological function completely shuts down and they can no longer control their most basic automatic responses, such as breathing and heart control. Other families decide to allow their loved ones to pass on before that time by withholding nutrition.

I do not believe that Terri Sciavo-Schindler is a candidate for merciful euthanasia.

I have this opinion because I believe that her husband's motives are suspect, and that he judge in this case lacks the objectivity to give the case the proper judicial review. He never appointed am independent guardian for Terri. He ignored the greater number of persons who testified in favor of Terri's continued life, in favor of his own biases. He ruled against a wife who wished to keep her husband alive, and in favor of her children, who were prepared to inherit a sizable draw in a similar case before. There was only one person present at the time of Terri's collapse, and that was Michael. Her friends and family indicated that there was a history of domestic abuse. There was no evidence of a heart attack... only the evidence of a coronary arrest (there's a difference) and also of the lack of oxygen to her brain. There is no way to determine which came first. She had three broken bones after her "collapse". Her husband was CPR trained and did not provide her with CPR. When her brother Bobby, who lived in the same apartment complex arrived the night of her collapse, he found her face down... evidence that Michael took no effort to revive her, check her or resuscitate her. All of these are facts, sworn and stipulated in the court records.

Now to the issue of her "wish to die". No one, save Michael Sciavo has ever heard Terri discuss her dying wishes. It is true that most people don't discuss this with many people. What is more true is that Michael did not remember her wishes for SEVEN YEARS until after he had successfully sued for medical malpractice... arguing that he needed a large judgment to continue to care for Terri and to provide her with rehabilitation. He absolutely denied her that rehab. He was enabled by Judge Greer, who allowed him to move the money to a trust to that Terri could be put on Medicare. Her care is paid for by tax dollars, not by Michael, or through her civil judgment in the malpractice case. So Michael wanted her to live, up to the point when he got the judgment... then he found a girlfriend (he actually had a few) and got "engaged", sired two children and hired George Felos, a "death with dignity" attorney to help him fight against Terri's parents, who wanted to keep their daughter alive.

Michael has refused to allow Terri to have wet washcloths from which to suckle water. He has refused any and all feeding therapy, even though in sworn testimony, under penalty of purgery, Nurses and CNA's have testified that Terri can tolerate ice chips and even jello. She can be fed and hydrated WITHOUT a feeding tube, but Michael and Judge Greer refuse to allow it.

One nurse was fired after reporting to Police that she observed a syringe in the trash and needle marks under Terri's breast and in her groin after Michael was in the room alone with her. When Michael left, her blood sugar levels were so low that they were below testable limits. She surmised, with 12 years experience as a nurse, that Terri had been overdosed with insulin by Michael. Her employer terminated her.

Judge Greer's wife sits on the board of directors for the Hospice that Michael placed Terri in. There is another Judge in the Pinellas County Court who's wife is also a member of that same board. Michael and Judge Greer appear to have found a "safe" place to carry out their orders.

The problems in this case are VAST and that is why the US Congress and the President of the United States passed a law at 1AM in the morning that would compel a DE NOVO (Completely new, top to bottom) review of her case. The Judiciary in this instance has been an utter and complete failure. It has ignored the Congress, the President, and the facts of the case. It has hidden behind the "law" without standing up for what is right.

You can take any position that you want on Euthanasia, but you have to look at the circumstances in this case and be very confused as to why there is a rush to kill a woman now, by a man who did not want to kill her for the first 7 years after her malady. You have to wonder why the courts are protecting their own and refusing an order from two other coequal branches of government to take a fresh look at this case.

[Mo1]

Huh?

Guess it's an appeal .. but isn't Whitamore a Fed Court?

[Tarantulas]

Whittemore (not Whitamore) is the same judge who denied the request to have the feeding tube put back in on March 22. Go here and scroll down to "March 22, 2005" and there's a link to the court decision.

[unspun]

If Gov. Bush isn't collecting the evidence and testimony of the criminality of Michael Schiavo, then he is malfeasant.

[carl in alaska]

Well I really hope Jeb Bush's people have been in contact with Judge Whittemore and they know he's going to reverse Greer's ruling, and that the Florida DCF will use the time to prepare for a transfer of custody at 6 PM. I'm hoping that some sanity will come to this case at last.

[jbarkley]

I guess my brain is too fried to keep all of this straight. Why would the Federal court be involved in the custody. Maybe he is going for the "de novo" finally?

[rushmom]

These judges are all evil.

[RightWhale]

Yes, there is no more time to play with the system. There never was, really.

[maxter]

From what I understood, they are asking the judge to review the law Judge Greer used in doing what he did rather than looking at Judge Greer himself. The courts seem to be more comfortable doing this.

[davidosborne]

*LIVE* Judge to RULE on Gov. Bush's Request for Custody of Schiavo! (MOTION DENIED 2:07 ET) - RELATED THREAD...

[Brilliant]

He's the federal judge who drew the federal case in Tampa and already ruled against the parents once. He'll do it again.

[Saundra Duffy]

Terri can't wait that long. This is ridiculous. Jeb Bush - get moving!!!!!!!!!! For the Love of God.

[maestro]

?....old 'news'...????.............what is the correct 'date' on this.... 'breaking'..... story?

[Txsleuth]

I am having a hard time all around---I am trying not to have this affect me "in my real life", so to speak, but I am having a hard time shaking this sadness and disbelief-

I dont' think there is any way that I will ever be convinced that what is happening is the "correct" thing, either morally, ethically, or even legally!!! It just feels too wrong....

Do you know what I mean?

[areafiftyone]

Why does this Judge want this case again??? So he can put more coals on the fire? I hope he's had a change of heart!

[jbarkley]

okay, that makes more sense. That will teach me to switch the channel for 5 minutes.

[Pyro7480]

The actual spelling of the judge's name is Whittemore.

[Mo1]

Maybe he is going for the "de novo" finally?

Maybe .. I'm at a loss as to why he went to a fed court

[beaversmom]

Isn't he the one that took all the time in the world to decide as well. I'm not trusting this guy. Sounds like they are just trying to take more time off the clock. Hopefully I'm wrong, but I think it's gonna be another disappointment.

[Bigh4u2]

"Maybe he is going for the "de novo" finally?"

That's my best guess.

[BonneBlue]

I don't understand this. Why does he want this case again? Did he request it himself? I am really confused now.

[nmh]

So WHY are they pursuing THIS person if he laready denied Terri BEFORE?

[Borges]

Unfortunately they are going by the letter of the law in this case it seems. What would be great would be going by the spirit of the law (judicial activism).

[Brilliant]

He's involved because the parents filed papers asking him to do something. He's obviously not going to give a de novo now. That would take months to prepare. They are asking for some kind of temporary relief, I'm sure, based on things that have happened after he ruled last time, probably the fact that the state court judge ordered Jeb not to get involved. They want that order thrown out no doubt. Won't happen, though.

[steve86]

Thanks for a wonderful overview post!

[Mo1]

From what I understood, they are asking the judge to review the law Judge Greer used in doing what he did rather than looking at Judge Greer himself. The courts seem to be more comfortable doing this.

Who is asking this?

[Dante3]

Not now because the Judge hopes by delaying Terri might die or at least deminish her chances of surviving.

[marshmallow]

If Terri Schiavo is to get any relief, it will have to come in defiance of the courts, not through the courts.

That much should be painfully obvious by now.

[Brilliant]

Who else are they going to ask? Certainly not Greer.

[liberty2004]

Thank you for your thoughts.

[Williams]

Although I disagree with the court, I have some degree of respect for the court's view of what is going on. BUT I also think at this point Judge Greer would not feed Terri if she sent him a signed note requesting it. Maybe that is an exaggeration, but it seems clear to me he is being injudicious by refusing to consider new evidence or the standing of state agencies. And it certainly takes on the appearance that judge Greer is NOT going to allow any events (like a living Terri in rehab) to demonstrate that he may have been wrong.

[ladyjane]

These judges are all evil.

Anybody out there still with any respect for our judicial system?

[Dante3]

Sure they could, but they don't want to.