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March 1, 2005

Terri Schiavo and Her Family Denied Due Process

Topics: Legal affairs

Clearwater, FL – On February 28, 2005, the parents of Terri Schiavo were informed, through their Attorney David Gibbs, III that Judge George Greer of Pinellas-Pasco’s Sixth Judicial Circuit has denied, without access to hearing, motions filed by Terri Schiavo’s immediate family for:

  • Updated neurological evaluations based on new MRI testing protocols;
  • A motion to compel the deposition of Michael Schiavo;
  • A petition for extraordinary authority to provide Terri Schiavo with updated rehabilitative protocols;
  • A petition for divorce, citing open adultery on the part of Terri Schiavo’s husband and guardian;
  • An objection to the guardian’s annual guardianship plan ;
  • A motion to remove Michael Schiavo as guardian, citing his failure to comply with Florida Law mandated guardianship requirements. This motion dates back to November of 2002, but the court has never ruled on it.
Judge Greer has stated that he will only consider motions from Terri’s family as they relate to the death process, which include but are not limited to a motion to allow Terri Schiavo to die at home instead of a Hospice facility, a motion for a Florida burial, and a motion allowing her immediate family uninterrupted access to her throughout the death process.

The Terri Schindler-Schiavo Foundation finds the actions of Judge Greer reprehensible and a clear denial of the due process rights afforded to Terri Schiavo under Federal and Florida law.

With new medical diagnosis protocols and new levels of rehabilitation protocols, Terri Schiavo’s adjudicated condition of ‘persistent vegetative state’ is no longer equitable and any responsible jurist would eagerly recognize and accommodate more thorough means of determining the disabled woman’s true condition – a condition that remains in great dispute.

Additionally, the Foundation finds the behavior of Judge Greer an absolute obstruction of due process for Terri Schiavo by his refusal to hold the guardian accountable for violation of Florida’s guardian laws. The guardian has spent Terri Schiavo’s medical fund on representing his own legal interests, has denied her necessary medical services, lives in open adultery with his girlfriend and their two children, has petitioned the courts to cremate Terri immediately upon her death and has repeatedly and flagrantly failed to comply with Florida Statutes that mandate the terms of guardianship. Judge Greer couldn’t be bothered with those details so long as Terri Schiavo’s death is a guaranteed outcome.

Pamela Hennessy, Media Representative of the Terri Schindler-Schiavo Foundation, stated, "Never in my life have I seen a judge so afraid of the truth. Why is it that admitted criminals are protected to every reasonable measure of law, but our disabled and vulnerable citizens are discarded by the courts as unworthy lives?"

Posted by tim at March 1, 2005 7:50 AM


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» No Due Process? from A Mom And Her Blog
I was doing my morning "Terri Reading" and came across this post at Blogs For Terri. Here's just a bit of it. Clearwater, FL – On February 28, 2005, the parents of Terri Schiavo were informed, through their Attorney David... [Read More]

Tracked on March 1, 2005 8:15 AM

» Terri's Parents Seek Divorce from Mount Virtus
Seventeen days remain until the blind and barbaric act of removing Terri Schiavo's feeding tube will occur. And Judge George Greer is refusing to accept any motions from the Schindlers - including one to file a divorce for Terri from Michael, who has... [Read More]

Tracked on March 1, 2005 9:31 AM

Comments

WHAT is wrong with this JUDGE...! He is the true definition of IGNORANT..he knows nothing of the rehabilitation of brain injury and he doesn't want to know anything. IGNORANT.!!!

He needs to be have some sense smacked upside his head !

What do we do now?? anyone?

Posted by: Jo Marley at March 1, 2005 8:24 AM

What is the next step? Can they bypass him somehow? Is there no more hope?

Posted by: WriteWingNut at March 1, 2005 2:19 PM

One hopeful action is to get busy and write everyone in the Florida legislature to pass HB701. There is presently a plea for everyone, no matter if you live in florida or not, to write, e-mail, for this action. They meet for this purpose on March 8th. It would protect Terri.

Posted by: chris K at March 1, 2005 4:23 PM