FL. Loses Appeal in Terri Schiavo Case

Judge Greer to be Impreached?

Now they're calling out for Judge Greer's immediate impeachment'! It's all because Judge Greer actually ignored several Florida laws when he insisted that the feeding tube be removed from Terri, no matter what!



Schindler Family Calls for Judge's 'Immediate Impeachment'
By Melanie Hunter
CNSNews.com Deputy Managing Editor
March 10, 2005

(CNSNews.com) - A spokesman for the family of Terri Schindler Schiavo said Thursday the Florida judge presiding over her case "ignores the state's laws and orders the premeditated killing of a disabled Florida woman by her husband."

Pamela Hennessy, media director for the Terri Schindler-Schiavo Foundation, in a press release Thursday called on disability and eldercare advocates to press for Circuit Judge George Greer's "immediate impeachment."

"If there is a single person following this who doesn't believe Judge Greer has legislated from the bench, trampled Florida's laws and deprived Terri Schiavo of her retained rights, they are simply not paying attention," Hennessy said in a statement.

According to the foundation's press release, on Tuesday and Wednesday Greer issued three orders that the foundation said all but assures Schiavo's death. First, Greer ordered that the family may not introduce oral nutrition and hydration following the removal of Terri's gastric feeding tube.

The foundation pointed out that Florida Statute 744.3215 (Rights of Persons Determined Incapacitated) requires that incapacitated people cannot be deprived of food and water.

"Ordering that Terri Schiavo may not receive nutrition or hydration naturally is against the law, in the opinion of the Foundation," it said in a statement.

Second, according to the foundation, Greer ruled that no further neurological tests may be conducted on Terri, using functional MRI to determine if she is in a "persistent vegetative state," as Greer found in 2002, or if Terri is "minimally conscious."

The foundation pointed out that Florida Statute 765.404, which defines persistent vegetative state, requires that the condition be determined and diagnosed as permanent prior to the withdrawal of life-prolonging means. Also, Florida Statute 765.309 prevents mercy killing and assisted suicide.

The foundation unless the "true neurological condition of Terri Schiavo" is determined prior to the removal of the feeding tube, Greer's order amounts to "a directive for her guardian to commit either a mercy killing or assisted suicide."

And third, "Greer denied an order from a judgment based on his error in dismissing pertinent testimony in 2000 that would assist the court in determining Terri Schiavo's true end of life wishes," the foundation added.

It pointed to Florida Statute 765.404, which says clear and convincing evidence of the ward's intent for medical treatment must be established.

"The only evidence in support of removing Terri's feeding tube was the self-serving hearsay testimony of her guardian (which is not admissible under FS 90.602) and hearsay from two members of his immediate family," the foundation said.

"Greer systematically ruled that testimony from Terri's friends and family was unreliable or not credible. His failure to consider all evidence of Terri Schiavo's attitude towards life-prolonging measures, in the Foundation's opinion, is a clear violation of Florida Statutes," it concluded.

Source: http://www.cnsnews.com//ViewNation.asp?Page=\Nation\archive\200503\NAT20050310b.html

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A response to that anonymous offer

Toonces said:
Well, Oceanbreeze, I understand. Everyone are entitled to their opinion. ^_^;;


And I apologize if I kept posting yet more article on this case....if it annoys you guys, just tell me to stop it.

So anyway, here it is.....

Businessman Offers $1 Million To Keep Woman On Life Support


Gloria Allred's Law Firm Holds Money In Trust Account

POSTED: 11:51 am PST March 10, 2005
UPDATED: 1:11 pm PST March 10, 2005

LOS ANGELES -- Attorney Gloria Allred said she would hold a news conference with one of her clients Thursday afternoon to make an announcement regarding the case of Terri Schiavo, the Florida woman whose feeding tube is scheduled to be removed on March 18.

Allred said the client is a businessman who has deposited $1 million into her law firm's trust account to offer Schiavo's husband, Michael, if he agrees to certain conditions to keep his comatose wife alive after the feeding tube is scheduled to be removed.

Meanwhile, the state of Florida is moving on two fronts to try to block the March 18 removal of the feeding tube keeping brain-damaged Terri Schiavo alive.

The Department of Children and Families wants to intervene in order to investigate allegations of abuse and neglect by the woman's husband. And in Tallahassee, Republican lawmakers crafted a bill requiring that Schiavo and other incapacitated people be afforded water and nutrition unless a living will directs otherwise.

The husband has a court order to stop her artificial feedings. A DCF attorney told a judge Wednesday that the court cannot impede an agency investigation. But the husband's attorney argued that the agency's last-minute attempt to intervene is politically motivated, especially because dozens of previous complaints to DCF have failed to yield any evidence of abuse.

The attorney told reporters that the agency is simply acting as an arm of Gov. Jeb Bush's office to try to undo a court order they don't like.

Copyright 2005 by NBC4.tv. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Source: http://www.nbc4.tv/health/4272987/detail.html

That is a lot of money..... 0_o. But would Michael Schiavo accepts it? We'll just wait and see.... 6_6
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Husband Rejects $1 Million in Right-To-Die Case
By MITCH STACY, AP

TAMPA, Fla. (March 11) - A man fighting to have a feeding tube removed from his brain-damaged wife on Friday rejected a California businessman's offer to pay him $1 million to give up his right to decide her medical treatment.

Thursday's offer, which the husband's attorney labeled "offensive,'' came hours after a judge refused to let the state's social services agency intervene - a move that would have delayed next week's scheduled removal of the tube.

Other such offers, including one for $10 million, had already been made and rejected by Michael Schiavo, said his attorney, George Felos.

Terri Schiavo's parents are trying to keep her alive, but Michael Schiavo contends he had once promised his wife he would not keep her alive by artificial means before she suffered a heart attack 15 years ago. Now 41, she has lived since then in what court-appointed doctors call a persistent vegetative state.

Even if the husband did walk away, Felos said, there is still a court order requiring removal of the tube at 1 p.m. next Friday. A judge ordered that the feedings be stopped after finding "clear and convincing'' evidence that she would not want to be kept alive in her current state.

Judge George Greer denied a request by the state Department of Children & Families to delay that order for 60 days so it can investigate allegations of abuse and neglect against Michael Schiavo.

The judge said the allegations had already been investigated and found to be groundless. He said the agency was apparently trying to pull an end run around the court by getting involved at this late stage.

The case has drawn international attention, particularly among religious conservatives, who are supporting the woman's parents.

San Diego businessman Robert Herring, who founded an electronics company and later a cable and satellite channel, said he felt "compelled'' to try to have the husband transfer the legal right to decide his wife's medical treatment to the parents, Bob and Mary Schindler.

"I believe very strongly that there are medical advances happening around the globe that very shortly could have a positive impact on Terri's condition,'' Herring said.

Herring's offer is valid until Monday, according to a statement from his attorney, Gloria Allred. The money has been deposited into a trust account at Allred's Los Angeles law firm, the statement said.

Felos said his client would not consider any such proposals.

"Michael has said over and over again that this case is not about money for him,'' Felos said. "It's about carrying out his wife's wishes. There is no amount of money anyone can offer that will cause him to turn his back on his wife.''

The Schindlers still have two issues before the state's 2nd District Court of Appeal, which has said it will rule next week. They also are looking to the Legislature and perhaps Congress for help; both have bills in the works that lawmakers say could save Terri Schiavo's life.

The Schindlers doubt their daughter had end-of-life wishes and have fought their son-in-law in court for nearly seven years to save her life. They also dispute that she is in a vegetative state, saying she laughs, cries, interacts with them and tries to speak.


03-11-05 15:56 EST

Copyright 2005 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.
 
ACK!!!!!!! I feel like I am in a Yo Yo... up and down like see saw. :dizzy:

I want Terri to stay alive, don't starve her. :(
 
Miss*Pinocchio said:
ACK!!!!!!! I feel like I am in a Yo Yo... up and down like see saw. :dizzy:

(
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I think we're all feeling like this now. I know I am. I know I'm very passionate in my belief in her right to die with dignity. But, at this point, I just hope for a resolution to this case. I'm getting alittle tired of all the legal wrangling. Enough his enough.

I've already said this elsewhere in the thread. Terri is just a pawn, and she is being used to prove a point by both sides. I find the whole thing a little bit sick now. Whatever happens, I just hope there's an end soon, and people can live with the outcome. Because, as badly as the Schindler's may feel or Michael says he feels, the person who we really should feel bad for is Terri.
 
Toonces said:
Michael rejected the businessman's offer?.....Oh boy. :squint:
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Yep. It was flatly rejected; as was another offer of $10m. Someone else offered Schiavo $10m to keep her on the tube feedings.
 
The countdown has started! ::wibble::

Family and religious groups rally for brain-damaged woman

SAMANTHA GROSS

Associated Press

TALLAHASSEE, Fla. - Women knelt in prayer and raised their hands to the sky during a rally Sunday set up to urge state legislators and other officials to prevent Friday's court-ordered removal of the feeding tube keeping Terri Schiavo alive.

The brain-damaged woman's parents told the emotional crowd that their daughter still jokes with them and is trying to learn to say "I love you." And religious groups at the rally argued the removal of the feeding tube would be cruel.

"Terri may be disabled, but her life is of great worth to God," James Dobson, founder of the Christian group Focus on the Family, said on a recorded message that was played to the crowd.

Doctors say Terri Schiavo is in a persistent vegetative state - and that any movements or sounds she makes are coincidental and not a result of consciousness. Her husband, Michael Schiavo, contends his wife would not want to be kept alive artificially.

Bob and Mary Schindler doubt their daughter had end-of-life wishes and have fought their son-in-law in court for nearly seven years. They also dispute that she is in a vegetative state, saying she laughs, cries, interacts with them and tries to speak.

Bob Schindler said his daughter's situation is "the inception of genocide."

"What the Nazis were doing and what they're trying to do to Terri is the same thing," he said.

Steve Hering, an engineer who drove from Atlanta to attend the rally, held a sign reading "Criminals and animals don't get starved ... why should Terri?" Another sign read "Stop starving elderly and disabled people.

Members of the Christian youth group Bound 4 Life said they would go on a hunger strike if Schiavo's feeding tube is removed Friday. The group's youngest participants - including a 6-year-old - might drink fluids because of their age, said group member Carla Evans, 23.

State lawmakers are rushing to pass legislation requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave very specific advance instructions. The measure is designed to be retroactive and could apply to Terri Schiavo.

The bill is expected to move through the House in the next few days, and the Senate will likely consider a companion bill this week, said the Schindlers' attorney, David Gibbs III.

Rally organizers displayed dozens of red roses that they said would be left without water in the Capitol courtyard until being presented to legislators on Tuesday as a reminder of the impending deadline.

Critics of the proposed law say it could force people who thought they'd denied such measures verbally or through an inexact living will to undergo surgery to insert a feeding tube. The American Civil Liberties Union of Florida has called the measure an assault on privacy rights.

A call placed Sunday to Howard Simon, the ACLU's executive director in Florida, was not immediately returned.

"It's a very narrow bill," Gibbs said. "It wouldn't apply to a living will at all."

State Chief Financial Officer Tom Gallagher, who's often mentioned as a possible gubernatorial candidate in 2006, led the crowd in the Pledge of Allegiance.

"Our creator has given us life and liberty and the pursuit of happiness, and only he has the power to take it away," Gallagher said.

http://www.tallahassee.com/mld/tallahassee/11127988.htm
 
Toonces said:
...The bill is expected to move through the House in the next few days, and the Senate will likely consider a companion bill this week, said the Schindlers' attorney, David Gibbs III...
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David Gibbs II is the father of David Gibbs III, and he is also a lawyer. He is coming to our church April 3 as a guest speaker. He has come to our church several times before. Maybe he will tell us some news about the case. This is such a tragic situation.
 
Thanks for posting this article, Oceanbreeze.

I don't know if he is truly telling the truth, because a former nurse who cared for Terri back in 1995-1996 described him as as physically intimidating and often impatient or even angry when he saw that Terri has not died yet. Quote: "When Terri had a urinary or upper respiratory tract infection Michael was visibly excited and would visit more often, asking “is she dead yet?” According to Iyer (the nurse), at one point Michael exclaimed, “When is that bitch going to die?” :shock:

(Source: Former Nurse Reveals Terri Schiavo's Capabilities )

As I had said before, he doesn't sound like a very loving husband to me. :/

Well, in case you want to keep updated on what's happening with the Terri Schiavo case, here's the link: http://www.blogsforterri.com/


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Toonces said:
Thanks for posting this article, Oceanbreeze.

I don't know if he is truly telling the truth, because a former nurse who cared for Terri back in 1995-1996 described him as as physically intimidating and often impatient or even angry when he saw that Terri has not died yet. Quote: "When Terri had a urinary or upper respiratory tract infection Michael was visibly excited and would visit more often, asking “is she dead yet?” According to Iyer (the nurse), at one point Michael exclaimed, “When is that bitch going to die?” :shock:

(Source: Former Nurse Reveals Terri Schiavo's Capabilities )

As I had said before, he doesn't sound like a very loving husband to me. :/

Well, in case you want to keep updated on what's happening with the Terri Schiavo case, here's the link: http://www.blogsforterri.com/


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You're welcome.

The truth is just about everyone is biased now. The parents are biased, and you're right, I think he is too. I said this before..Terri is a pawn now, and is being used to further a specific cause. Either way you look at it, everybody's hands are dirty. I find that sad.
 
Oceanbreeze said:
You're welcome.

The truth is just about everyone is biased now. The parents are biased, and you're right, I think he is too. I said this before..Terri is a pawn now, and is being used to further a specific cause. Either way you look at it, everybody's hands are dirty. I find that sad.
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Yes....youre right....at first I thought it was a clear case but the more I read this thread, I now have mixed feelings.

She is truly a pawn of everyone - her family, her husband, her lawyers, media, doctors/nurses, etc.

My heart goes out to this woman.
 
Meg said:
Yes....youre right....at first I thought it was a clear case but the more I read this thread, I now have mixed feelings.

She is truly a pawn of everyone - her family, her husband, her lawyers, media, doctors/nurses, etc.

My heart goes out to this woman.
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I still believe she is vegetative, and her wishes should be carried out. However, I'm starting to wonder about the impact this is going to have on the general public. You can almost bet that the legislature WILL get involved in this regardless of whether Terri lives or dies. Frankly, this scares me. If the rest of us can gain anything by this poor woman's plight, it's this:

Make certain your end of life wishes are put in writing explicitedly, so that you do not find yourself in the same predicament she has been in.

Say a prayer for her, everyone.
 
After read these articles, it made me very, very grateful that I already wrote the will down and signed... Since they will add the new bill, I guess I will have to discuss with my lawyer once again to rework my statement to make it non-loophole for money-leeching politicans to not pee on it.
 
Magatsu said:
After read these articles, it made me very, very grateful that I already wrote the will down and signed... Since they will add the new bill, I guess I will have to discuss with my lawyer once again to rework my statement to make it non-loophole for money-leeching politicans to not pee on it.
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Please, Magatsu. Do that. Make your Living Will/Advanced Directive as iron clad as possible. It's your only defense against the radicals.
 
Another update

There's been more court action in the case:

http://hosted.ap.org/dynamic/storie....shtmlTE=FLPET&SECTION=STATE&TEMPLATE=DEFAULT
 
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