Replies

Pam Hennesy's letter to David Simmons asking for impeachment proceedings to begin against George Greer:

On March 8, 2005, Judge Greer entered an order stating that Terri Schiavo could not receive food and water by mouth after her gastronomy feeding tube had been removed. This order cannot be reconciled with Florida Statute 825.102 (Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults), which defines the prohibited conduct:

”(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; . . .”

“Judge Greer’s order requires the commission of a felony – the withholding of oral sustenance and hydration from a disabled adult – something for which no judge at any level has jurisdiction to order and in complete disregard for his sworn duty to uphold the laws of the State of Florida”, Hennessy says. “This feature of his ruling should be distinguished from his tube-removal order, an act over which he did have jurisdiction.

“The international scorn already heaped upon and to be heaped upon the United States in general and Florida in particular is directly traceable to this unnecessarily cruel and unlawful order.

“On March 23, 2005, Greer entered an Emergency Order Enforcing Mandate in which he ordered that the Department of Children and Families was restrained from carrying out a protective investigation into allegations of abuse, neglect and exploitation of Terri Schiavo, pursuant to their statutorily mandated duties under Florida Statute Section 415.1051 (Adult Protective Services) which states, in part:

(b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation.

(c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult.”

“Judge Greer’s injunction of DCF from performing its statutorily-mandated duties vividly demonstrates his lack of understanding of the separation of powers between the three branches of government. Instead of accommodating DCF’s decision to exercise its authority under the above-cited statute, Judge Greer determined that decision to be offensive to him personally and to the judicial function in general.

On March 23, 2005, in the order cited above, Judge Greer also ordered that “each and every singular Sheriff of the State of Florida are hereby directed to take such actions or action as is necessary to enforce the provisions hereof.”

“In this order, Judge Greer overstepped his own authority under Florida’s Constitution and usurped the power of the Executive Branch and Florida’s Governor who is Florida’s Chief Law Enforcement Officer. Article 4, Section 1 of Florida’s Constitution states, in part:

(a) The supreme executive power shall be vested in a governor, who shall be commander-in-chief of all military forces of the state not in active service of the United States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government.

“Judge George Greer has disregarded Florida’s laws and the other branches of government in his rulings in the Schiavo case. I realize there may be some political distaste in pursuing this matter, but unless this judge is reined in, you will see this conduct occur again and again. The instances cited above are so flagrant as to require the House’s serious consideration of articles of impeachment.

“I have numerous other records, orders and petitions from the Schiavo guardianship case and will happily get them to you in any form you require. It is imperative that you set to work on this immediately. Not only are Judge Greer’s rulings not in keeping with the intent of your laws, they are flagrantly unlawful.

Very well done!

Of course, as predicted, all anyone hears from Tallahasee is *crickets*.