News Archives 3-31 -A spokesman for the family of Terri Schindler
Schiavo said the Florida judge presiding over her case "ignored the state’s laws
and ordered 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 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, 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 said that unless the "true neurological condition of Terri
Schiavo" was 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 that 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.
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Judge George Greer ignores Florida laws and orders the premeditated killing of
Terri Schiavo
Sixth Circuit Judge George W. Greer issued three orders that all but assure the death of
Terri Schiavo
Order Denying Food and Fluids Naturally After Gastric Tube Removal
Greer ordered that the family of Terri Schiavo may not introduce oral nutrition and
hydration following the removal of Terri’s gastric feeding tube. Florida Statute
744.3215 (Rights of Persons Determined Incapacitated) require that incapacitated persons
cannot be deprived of necessary services including food and water. Ordering that Terri
Schiavo may not receive nutrition or hydration naturally is against the law, in the
opinion of the Foundation.
Order Denying Updated Medical Tests
Greer ordered that no further neurological tests may be offered to Terri Schiavo,
utilizing functional MRI to determine if she is in a ‘persistent vegetative
state’ (As Greer found in 2002) or is her condition is ‘minimally
conscious’. Florida Statute 765.404 which defines persistent vegetative state require
that the condition be determined and diagnosed as permanent prior to the withdrawal of
life-prolonging means. Further, Florida Statute 765.309 prevents mercy killing and
assisted suicide. Without determining the true neurological condition of Terri Schiavo
prior to the withdrawal of foods and fluids, the Foundation finds Judge Greer’s Order
to remove Nutrition and Hydration a directive for her guardian to commit either a mercy
killing or assisted suicide.
Order Denying Relief from Judgment
Greer denied an order from 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. Under Florida Statute 765.404, 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.
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
attitudes towards life-prolonging measures, in the Foundation’s opinion, is a clear
violation of Florida Statutes.
Statement of Pamela Hennessy, Media Director for the Terri Schindler-Schiavo Foundation:
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. Disability and Eldercare advocates
need to be calling for his immediate impeachment.
Michael Schiavo and Judge Greer have been pursuing the "banish, destroy and
annihilate ideology for many years.
Michael has banished Terri from society by forcing her to live in solitary confinement in
a hospice room for five years.
Judge Greer has ordered Terri's destruction on at least two occasions and he has agreed to
allow Michael Schiavo to annihilate her remains by immediate cremation.
(Quoted from Court Proceedings Nov. 22, 2002)
Judge Greer accepted the testimony of the doctors who did NOT believe
Terri would benefit from the medical treatment that is currently available:
Judge Greer did not accept Dr. Hammesfahr's testimony, nor did he permit him to
treat Terri.
Dr. Hammesfahr feels his vasodilatation therapy will have a positive affect on Terry
Schiavo.
Dr. Hammesfahr revealed that Terri has at least 75% functional brain tissue and that the
stories circulating in the media about a head full of fluid "only" are totally
false. He has had patients with less brain function doing much more than Terri is doing,
and Dr. Hammesfahr believes that Terri is being kept to a lower level of function by her
being denied opportunities to do anything, have any rehabilitation, and that she her
improvement is being sabotaged by her being kept in isolation, with very few visitors or
other input. Dr. Hammesfahr revealed that Larry King had suggested to Michael Schiavo that
he let Mr. King's news crew go in to film Terri, to settle once and for all what Terri's
condition is, and that Michael REFUSED!
Dr. Hammesfahr confirmed that Terri has been sedated at various periods of time and that
the sedation of Terri would make Terri less responsive, especially during an examination
by physicians who would try to see what her condition was. He explained that physician
assessments of Terri made when she was sedated would necessarily NOT be accurate, that
they would UNDER-estimate her level of cognition and abilities. Dr. Hammesfahr also
revealed that Terri suffers from some hydrocephalus, or fluid buildup in the brain. This
is a serious condition that must be treated to avoid further damage to the brain. Dr.
Hammesfahr confirmed that Michael has NOT allowed Terri to be treated for her
hydrocephalus. [This is in violation of Florida guardian laws]
Judge Greer did not accept Dr. Hammesfahr's testimony, nor did he permit him to treat
Terri. (Dr. Hammesfahr has already offered to treat Terri Schiavo free of charge.) Judge
Greer predictably sided with the doctors who testified that Terri could not improve with
therapy.
Since Judge Greer stated in his order that "The real issue in this case, however,
deals with treatment options for Terri," then WHY has he refused to permit Terri to
have treatment? Because according to his findings, treatment options will not
"significantly increase her quality of life."
Judge Greer made it known that the real issue in Terri's case is "treatment options
and whether or not they will have any positive affect so as to "significantly improve
her quality of life." According to the Sixth Circuit Court of Clearwater, Florida,
the level of a person's cognitive function determines his or her quality of life.
According to the precedent which will be achieved if Terri Schindler Schiavo is dehydrated
to death, rehabilitative treatment will be granted individuals the court has ruled will
enjoy significant improvement. Those the court rules will not significantly improve will
be denied any treatment and will be put to death.
The Terri Schindler Schiavo case is about "the first case of euthanasia in Florida's
reported case law."
But this case also sets another dangerous precedent: the denial of medical treatment and
rehabilitation services and regular food and water to people who are ruled to be poor
candidates for significant improvement. It is currently against the law to deny treatment
to any substantially disabled person:
The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that
necessary and appropriate rehabilitation services and physical/motor skill therapy may not
be denied a substantially disabled patient in the United States of America.
(Florida Law Mandates That Terri Receive Rehabilitation Services)
Terri Schindler Schiavo is the first person in reported case law who has been denied
rehabilitative treatment (which violates current laws) because Judge George Greer ruled
that such treatment would not "significantly improve her quality of life."
Is Michael Schiavo
hiding evidence of Terri's strangulation? Schiavo
Medical Evidence
Exclusive on the Terri Schiavo Case On the Scene Photos and Comments
Terri Schiavo versus Michael Schindler - Myths and Facts. Liberal Death Penalty ?
The fight for Terri http://www.terrisfight.org
Blogs for Terri -
http://www.blogsforterri.com |
