March 10, 2005
Judge "death to the disabled" Greer Breaks Law to Ensure Terri Schiavo’s DeathTopics: Legal affairs
- Press Release from the Schindler's Media Center
Judge George W. Greer ignores Florida laws and orders the premeditated killing of disabled Florida woman by her husband.
1. 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.
2. 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.
3. 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.
Visit Terrisfight.org to view these documents in their entirety in PDF format.
Posted by richard at March 10, 2005 2:24 PM
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