Wednesday, March 02, 2005
Is a Fair Trial for Terri Schiavo possible under Judge Greer?
1. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(2) for failure to discharge his duties as guardian. The statute requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
2. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(3) for abuse of his powers as evidenced by his denying her any significant sensory stimulation and his efforts to have her life ended…
5. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(13) for failure to comply with the guardianship report…
7. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(16) for improperly managing the ward’s assets by using Terri’s money which was awarded by a court to be used for her rehabilitation but at the authorization of Judge Greer is being used to pay legal fees in an effort to end Terri’s life…
9. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(18) because Michael’s adulterous relationship (which is a misdemeanor under Florida law) with another woman ought to disqualify Michael as a suitable guardian for Terri as the interest which Michael said (in malpractice trial court proceedings) he had toward Terri is directed to another woman who is not his wife and has two children by said other woman of whom he is the father…
12. Judge Greer has deprived Terri of her constitutional religious rights by allowing Michael Schiavo to prevent Monsignor Malonowski from visiting Terri, by allowing Michael to prevent Monsignor Malinowski from administering last rites when her feeding tube was removed in October 2003, and by allowing Michael to prevent Terri’s blood relatives from placing pictures of religious figures in her room…
17. Judge Greer has denied Terri the right under 744.3215(d) (d) to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
18. Judge Greer has denied Terri the right under 744.3215(e) to have a qualified guardian.
19. Judge Greer has denied Terri the right under 744.3215(f) to remain as independent as possible, including having her preference as to place and standard of living honored, either as she expressed or demonstrated her preference prior to the determination of his or her incapacity or as she currently expresses her preference, insofar as such request is reasonable.
20. Judge Greer has denied Terri the right under 744.3215 (g) to be properly educated. She is not receiving any rehabilitative therapy…
23. Judge Greer has denied Terri the right under 744.3215 (k) to have access to the courts. Judge Greer has relied upon the testimony of others related to Michael Schiavo as to Terri’s condition yet ignored the testimony of her blood relatives which was contradictory to information provided by Michael and his family.
24. Judge Greer has denied Terri the right under 744.3215(l) to counsel.
25. Judge Greer has denied Terri the right under 744.3215(m) to receive visitors and communicate with others.
26. Judge Greer has allowed violation of 744.3215(a) by allowing Terri to be moved to different facilities without prior approval of the court.
27. Judge Greer has allowed violation of 744.3215(b) not requiring Michael to have follow up examinations of electrodes, which were implanted in Terri’s brain. These implants should have been removed years ago, as they are a source for both infection and hydrocephalus. Hydrocephalus may cause pressure that could suppress cognitive function and be responsible for much of Terri’s condition. If so, there could be a vast improvement in her condition if a shunt were placed. Hydrocephalus could also cause pressure that would flatten the brain and show fluid filled areas on a brain scan.
28. Judge Greer has allowed Michael to violate a court order stating that he is to keep Terri’s family advised of her medical condition.
29. Judge Greer has ignored Terri’s right under 765.102(5)(a) to palliative care which addresses physical, psychological, social, spiritual, and existential needs of patients.
30. Judge Greer has not required Michael Schiavo to implement a plan which would provide for Terri’s needs under 765.102(5)(a)…
32. Judge Greer relied on Dr. Ronald Cranford’s definition of PVS (Persistent Vegetative State) instead of the legal definition contained in the Florida Statutes. There were several doctors who gave reports that Terri is not PVS but Greer decided not to use the Florida Statute’s definition.
33. Judge Greer has failed to be impartial and has ignored testimony and evidence presented by Counsel for Terri’s natural family and has consistently ruled in agreement with Counsel for Michael Schiavo.
34. Judge Greer has allowed Michael to continue denying visitation to Terri’s family…
35. Judge Greer authorized the euthanization of Terri Schiavo by authorizing the removal of her feeding tube when she does not fit the definition of PVS under Florida statutes. Euthanasia is illegal in Florida.
36. Judge Greer has violated 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.
37. Judge Greer has violated the ADA Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
38. Judge Greer has violated FS 38.10 four times by not disqualifying himself from the case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated…
Source: Blogs for Terri
1. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(2) for failure to discharge his duties as guardian. The statute requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
2. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(3) for abuse of his powers as evidenced by his denying her any significant sensory stimulation and his efforts to have her life ended…
5. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(13) for failure to comply with the guardianship report…
7. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(16) for improperly managing the ward’s assets by using Terri’s money which was awarded by a court to be used for her rehabilitation but at the authorization of Judge Greer is being used to pay legal fees in an effort to end Terri’s life…
9. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(18) because Michael’s adulterous relationship (which is a misdemeanor under Florida law) with another woman ought to disqualify Michael as a suitable guardian for Terri as the interest which Michael said (in malpractice trial court proceedings) he had toward Terri is directed to another woman who is not his wife and has two children by said other woman of whom he is the father…
12. Judge Greer has deprived Terri of her constitutional religious rights by allowing Michael Schiavo to prevent Monsignor Malonowski from visiting Terri, by allowing Michael to prevent Monsignor Malinowski from administering last rites when her feeding tube was removed in October 2003, and by allowing Michael to prevent Terri’s blood relatives from placing pictures of religious figures in her room…
17. Judge Greer has denied Terri the right under 744.3215(d) (d) to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
18. Judge Greer has denied Terri the right under 744.3215(e) to have a qualified guardian.
19. Judge Greer has denied Terri the right under 744.3215(f) to remain as independent as possible, including having her preference as to place and standard of living honored, either as she expressed or demonstrated her preference prior to the determination of his or her incapacity or as she currently expresses her preference, insofar as such request is reasonable.
20. Judge Greer has denied Terri the right under 744.3215 (g) to be properly educated. She is not receiving any rehabilitative therapy…
23. Judge Greer has denied Terri the right under 744.3215 (k) to have access to the courts. Judge Greer has relied upon the testimony of others related to Michael Schiavo as to Terri’s condition yet ignored the testimony of her blood relatives which was contradictory to information provided by Michael and his family.
24. Judge Greer has denied Terri the right under 744.3215(l) to counsel.
25. Judge Greer has denied Terri the right under 744.3215(m) to receive visitors and communicate with others.
26. Judge Greer has allowed violation of 744.3215(a) by allowing Terri to be moved to different facilities without prior approval of the court.
27. Judge Greer has allowed violation of 744.3215(b) not requiring Michael to have follow up examinations of electrodes, which were implanted in Terri’s brain. These implants should have been removed years ago, as they are a source for both infection and hydrocephalus. Hydrocephalus may cause pressure that could suppress cognitive function and be responsible for much of Terri’s condition. If so, there could be a vast improvement in her condition if a shunt were placed. Hydrocephalus could also cause pressure that would flatten the brain and show fluid filled areas on a brain scan.
28. Judge Greer has allowed Michael to violate a court order stating that he is to keep Terri’s family advised of her medical condition.
29. Judge Greer has ignored Terri’s right under 765.102(5)(a) to palliative care which addresses physical, psychological, social, spiritual, and existential needs of patients.
30. Judge Greer has not required Michael Schiavo to implement a plan which would provide for Terri’s needs under 765.102(5)(a)…
32. Judge Greer relied on Dr. Ronald Cranford’s definition of PVS (Persistent Vegetative State) instead of the legal definition contained in the Florida Statutes. There were several doctors who gave reports that Terri is not PVS but Greer decided not to use the Florida Statute’s definition.
33. Judge Greer has failed to be impartial and has ignored testimony and evidence presented by Counsel for Terri’s natural family and has consistently ruled in agreement with Counsel for Michael Schiavo.
34. Judge Greer has allowed Michael to continue denying visitation to Terri’s family…
35. Judge Greer authorized the euthanization of Terri Schiavo by authorizing the removal of her feeding tube when she does not fit the definition of PVS under Florida statutes. Euthanasia is illegal in Florida.
36. Judge Greer has violated 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.
37. Judge Greer has violated the ADA Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
38. Judge Greer has violated FS 38.10 four times by not disqualifying himself from the case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated…
Source: Blogs for Terri
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