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Although Terri's story has been reported on by:
Glenn Beck: National Radio - People Magazine - Dateline NBC - Court TV with Nancy Grace - CBS Early Morning Show - CNN with Jeff Greenfield - CNN with Connie Chung - CNN/Fox News with Greta Van Susteren - CNN with Larry King Live - Fox News with Hannity and Colmes - Fox News with Bill O’Reily - Michael Reagan: National Radio - The Roy Green Program - and Oprah, etc. you may not be familiar with the Myths, Questions, & Facts contained below.
Also you may want to question something. (My wife made me think further on this: A criminal on death row being put to death gets a few minutes to die.. whereas an innocent human being who expressed no written wish to die, who has possibility of recovering some important abilities, was going to be killed by sanction of the State, including the Governor, and this could go to the Federal level with 15 day dehydration / starvation death sentence.) This all due to an unfit and illegal guardian who still claims to be a husband (but disqualified under state law [see below]):
Michael Schiavo is living with and has fathered two children with a woman he titles his “fiancée” (Jodi Centonze). By Florida Statute 798, this is open adultery and considered lewd and lascivious cohabitation under Florida Law. Under such laws, Schiavo is disqualified as Terri’s legal guardian. Yet, the court refuses to remove him as such. He refuses to seek divorce (which would be a natural process if he truly intended to move on with his life) and, instead, persists in his demands that Terri be put to death.
It is clear that Terri's parents/siblings need to be her guardian.
The below information was obtained from the website of the:
Terri Schindler-Schiavo Foundation
St Petersburg Beach, FL 33707
www.terrisfight.org
Myths, Questions, & Facts Re: Terri Schiavo
MYTH: Terri is in a coma.
FACT: Terri is NOT in a coma. Like you and I, Terri has separate periods of sleep and wakefulness. Like you and I, she is able to breathe normally, maintain a normal heartbeat and has involuntary functions other than the residual effects associated with a brain damaged patient. Terri is not using a respirator or any other machine to stay alive. She is NOT in a coma, nor is she in a “persistent vegetative state” as her husband, Michael Schiavo has claimed. By Florida Law, a persistent vegetative state is defined as:
a) The absence of voluntary action or cognitive behavior of any kind.
This does not apply to Terri. She tracks objects with her eyes, she
moves her limbs on command, she vocalizes when her family or friends are present, she laughs, she cries and she has been video taped while responding to her mother’s words and touch, trying to speak and trying desperately to communicate.
b) An inability to communicate or interact purposefully with the environment.
Terri is able to interact purposefully with her environment and experiences pain and discomfort like you and I. Medical records verify that Terri has verbally expressed annoyance with caretakers and with at least one medical practitioner during examination — clearly indicating that Terri is able to communicate.
MYTH: Many doctors have said that there is no hope for her.
FACT: Terri doesn’t actually see many doctors. Dr. Victor Gambone testified that he visits Terri 3 times a year. His visits last for approximately 10 minutes. He also testified, after viewing the court videotapes at Terri’s recent trial, that he was surprised to see Terri’s
level of awareness. This doctor is part of a team hand-picked by her husband, Michael Schiavo, shortly before he filed to have Terri’s feeding removed. Contrary to Schiavo’s team, 10 independent physicians have given either statements or testimony that Terri is NOT in a Persistent Vegetative State. Additionally, there has never been any medical dispute of Terri’s ability to swallow. Even with this compelling evidence, Terri’s husband, Michael Schiavo, has denied any form of therapy for her for over 10 years.
Dr. Melvin Greer, appointed by Schiavo, testified that a doctor need not examine a patient to know the appropriate medical treatment. He spent approximately 45 minutes with Terri. Dr. Peter Bambakidas, appointed by Judge Greer, spent approximately 30 minutes with Terri. Dr. Ronald Cranford, also appointed by Schiavo and who has publicly labeled himself “Dr. Death”, spent less than 45 minutes examining and interacting with Terri.
MYTH: Terri’s condition was caused by a heart attack.
FACT: Terri was NEVER diagnosed as a heart attack victim when she was admitted to the Northside Humana emergency room in February 1990. To this day, her family does not know the true cause of her collapse. Doctors immediately excluded heart attack as her blood enzymes were not elevated — typical in all heart attack victims. Terri’s toxicology screen also eliminated any suspicion of drugs.
At the time of Terri’s admittance, blood tests revealed a depletion of electrolytes and her attending physician HYPOTHESIZED that low blood potassium MAY have caused her collapse. It was with this information that Michael Schiavo entered into a lawsuit against Terri’s General Practitioner and Gynecologist, claiming negligence on their part. In preparation for Terri’s October 2002 trial, her ER records were reviewed and it was plainly noted in the “Admitting Summary” that Terri had a “rigid neck” when she was admitted to the hospital. These injuries were never disclosed to Terri’s family, nor — to their knowledge — were they ever investigated. The doctor reviewing these records testified that the only other patient he treated with similar injuries was the victim of an attempted strangulation.
The prospect that foul play may have led to Terri’s collapse and ensuing heart stoppage was enhanced when a bone scan was recently found. This scan, taken 53 weeks after Terri’s collapse revealed that Terri had fractured ribs, damage to her pelvic area, L1 vertebrae, spine, both knees and both ankles. It also revealed that Terri had suffered a broken femur and a broken back. Three doctors concluded that Terri had endured trauma of some sort. The radiologist responsible for the scan plainly stated: “This patient has a history of trauma”.
MYTH: Terri said she wanted to die if her life could only be sustained artificially.
FACT: Terri never executed a will or a living will. Terri had NO WRITTEN DIRECTIVE nor is there any written record expressing Terri’s wishes regarding medical care should she ever become incapacitated. There is NO DOCUMENT in existence indicating Terri’s wishes, much less any wish to die or be refused therapy should she become disabled. During the 1992 malpractice suit, Michael Schiavo testified: “I believe in the vows I took with my wife, through sickness, in health, for richer or poor. I married my wife because I love her and I want to spend the rest of my life with her. I’m going to do that.” He also told the jury that he intended to bring Terri home and that, if he had the equipment and resources, he would do so immediately
Terri’s alleged “wishes” only surfaced in 1998, after Schiavo petitioned the courts to remove Terri’s feeding tube. However, during the 1992 malpractice lawsuit, Schiavo, in pursuit of a 20 million dollar award, pleaded with the courts for money he said he needed for Terri’s extended long term care. He presented this case based on Terri's estimated life expectancy of 50 years or more. However, seven months later, after receiving this money, Schiavo instructed nurses caring for Terri not to give her antibiotics for a urinary tract infection. This untreated infection could have brought about Terri’s death and this fact was known to Schiavo.
Terri’s “wishes” came under scrutiny when the court appointed Guardian Ad Litem filed a court ordered report, recommending the court deny Schiavo’s petition to withdraw Terri’s feeding tube. The report cited Schiavo’s “death wish” story lacked credibility, noting that he was the only witness. Weeks prior to Terri’s January 2000 feeding removal trial, Schiavo introduced 2 new witnesses to corroborate Terri’s verbal “death wish”. The new witnesses were Schiavo’s brother and sister-in-law. After years of silence, they suddenly recalled Terri making statements concerning her end of life wishes. Terri’s alleged “wishes” were never, however, discussed with anyone in her family nor with her friends, and the statements made by Schiavo’s witnesses were simply hearsay evidence.
Florida Law dictates that an “end of life directive” is a requirement in order to legally remove a person’s nutrition and hydration, but there is none in Terri’s case.
MYTH: People like Terri are a burden on the system.
FACT: Terri’s brother and sister have consistently volunteered to work as her guardians. Terri’s mother and father have volunteered to be responsible for her care and therapy — which Terri has a right to. Terri also has a medical fund and would NOT be cared for by tax-payers’ money. Though the Schindlers have lovingly volunteered to provide Terri rehabilitation and affectionate care, Schiavo refuses to relinquish Terri’s guardianship to them and continues to pursue his court battle to end her life by way of starvation.
MYTH: Terri is in a nursing home. She must be receiving the best of
care.
FACT: In April of 2000, Terri was improperly admitted to a Hospice
facility. Hospice is not a nursing home, nor is it licensed to care for the chronically ill. The mission of Hospice is to provide palliative care to the terminally ill and Terri has no terminal illness or condition. Upon admittance, the attending physician must certify that the patient is likely to die within six months, yet there is no such prognosis affecting Terri’s life expectancy. Terri was moved to Hospice from a full care Nursing Facility secretively and outside of normal facility hours. Although an objection was filed on Terri’s behalf upon discovery of this, Judge Greer approved the move after the fact.
The Director of Nurses/Administrator at Hospice stated she would not medicate Terri, even if the outcome of refusing medication would bring about her death — because of orders by Schiavo. When asked if she would advise the family of a life threatening situation on Terri’s part, she stated only if Michael Schiavo allowed her. Further, she stated the family would not be advised of any problem Terri may have, regardless of severity, unless approved by Schiavo.
QUESTION: Why doesn’t her family do something?
ANSWER: The courts will not allow it. Outside of the court room, there is little Terri’s family can do to help her. Terri’s parents have made dozens of petitions on the court to allow them more ability to care for their daughter. The vast majority were flatly denied. Schiavo has terminated open visitation to Terri’s family. He has also ordered that Terri’s medical records and information be kept from her family. He deals with Terri’s medical providers in complete secrecy.
MYTH: This is just a family battle over money.
FACT: In 1992, Terri was awarded nearly one million dollars by a malpractice jury and an out-of-court malpractice settlement which was designated for future medical expenses. Of these funds, less than $140,000 remains today. The financial records revealing how Terri’s medical fund money is managed are SEALED from inspection. Court records, however, show that Judge Greer has approved the spending down of Terri’s medical fund on Schiavo’s attorney’s fees — though it was expressly awarded to Terri for her medical care. Schiavo’s primary attorney, George Felos, has received upwards of $400,000 dollars since Schiavo hired him. This same attorney, at the expense of Terri’s medical fund, publicly likened Terri to a “houseplant” and has used Terri’s case on national television to promote his newly published book.
MYTH: Michael Schiavo volunteered to donate the balance of the
inheritance to charity.
FACT: In October, 1998, Schiavo’s attorney proposed that, if Terri’s
parents would agree to her death by starvation, Schiavo would donate his inheritance to charity. The proposal came after a court-appointed Guardian Ad Litem cited Schiavo’s conflict of interest since he stood to inherit the balance of Terri’s medical fund upon her death. This one and only offer stated “if the proposal is not fully accepted within 10 days, it shall automatically be withdrawn”. Naturally, Terri’s parents immediately rejected the offer. Yet, for 4 years, Schiavo has repeatedly implied to the media that he was willing to donate Terri’s inheritance to charity.
MYTH: Terri’s husband is only trying to do the right thing for her.
FACT: Prior to the outcome of Terri’s 1992 malpractice lawsuit, Michael Schiavo placed her in a rehabilitation center and testified that he “wanted to take care of his wife”. After Terri was awarded her settlement, and Schiavo was awarded $630,000, he stopped all progressive treatment and admitted Terri to a nursing home facility — which only provided routine care and maintenance. This was in spite of a promising neurological prognosis indicating that Terri was making progress on the way to recovery.
Schiavo is living with and has fathered a child with a woman he titles his “fiancée”. By Florida Statute 798, this is open adultery and considered lewd and lascivious cohabitation under Florida Law. Under such laws, Schiavo is disqualified as Terri’s legal guardian. Yet, the court refuses to remove him as such. He refuses to seek divorce (which would be a natural process if he truly intended to move on with his life) and, instead, persists in his demands that Terri be put to death.
MYTH: Terri’s family just doesn’t want to let her go. They’re keeping
her alive unnecessarily.
FACT: A renowned neurosurgeon, Dr. William Hammesfahr, has offered to treat Terri and to give her the rehabilitation she needs to recover. Dr. Hammesfahr was nominated for the Nobel Prize in Medicine in 1999 and has recently been acknowledged by the Florida Board of Medicine as “The first and only doctor in medical history to reverse the effects of stroke”. Dr. Hammesfahr thoroughly examined Terri and testified that Terri was not in a Persistent Vegetative State. Terri’s parents only want their daughter to have access to this treatment as well as any other appropriate therapy. As a patient, Terri has been sequestered from treatment and recovery. Terri’s family only want to change this and to have Terri’s human rights restored.
MYTH: It’s a horrible situation, but there’s nothing I can do about it.
FACT: Here is the biggest myth of all. There is plenty everyone can do to ensure that an innocent young woman is not exterminated by the Florida Courts. We ask that members of the press bring focus back to this story and report the TRUTH. We ask that members of government intervene and bring relief to a family that wants nothing more than to care for their own flesh and blood. We ask that activist groups take serious effort to pressure those who can determine the final outcome. And we ask that anyone, who knows the love and joy only a child or sibling can bring, to pass the word of Terri’s fight for life along. Terri’s time is running out. She needs you now.
Things to Know:
- Terri is not “comatose” nor in a “vegetative” state. She is neither, nor is she in a persistent vegetative state (PVS). This has been falsely reported in the media. She is shown on videotape responding to her friends and family.
- Terri can move on command, laughs, cries and tries to speak.
- Terri has not received any meaningful rehabilitative therapy, treatment, etc. in over 10 years, though doctors say such rehabilitative therapy, treatment, etc. can advance her to recovery.
- In the State of Florida, a feeding tube is considered Life Support, though many patients who undergo routine surgery are assisted by a feeding tube.
-Throughout all walks of life, there are people who receive their nutrition by way of a feeding tube. They lead active lives and contribute to society.
-Terri’s siblings faced possible arrest and lost visitation rights the first time Terri’s feeding tube was removed, for asking nurses to try feeding her baby food — which family doctors believed she could safely consume.
- Terri does not use a Respirator nor does she need any machine or device to sustain her life. Her only dependency is a feeding tube.
- Terri’s family has NOT been allowed any participation in the decision-making process for Terri’s care.
- Terri’s parents and her brother and sister have been forbidden open visitation with Terri and can only visit when Terri’s husband approves it.
- Terri has been transferred to a Hospice facility, which is a facility
that cares for terminally ill patients, though she is NOT terminally ill.
- Terri’s husband gave specific instructions to her nursing facility NOT to treat her for potentially fatal infections.
- Terri has not had her teeth cleaned since 1995.
- Terri has not had a PAP smear since 1996.
- Terri has never been given a mammogram.
- Terri left NO will, NO living will and NO written directives about any end of life issues or wishes.
While it’s true that this case has carried on in the courts for some time, it can be easily said that very real and clear miscarriages of justice have taken place in the case of Terri Schindler-Schiavo.
Dozens of petitions have been filed on Terri’s behalf, by her parents,
with the intention of protecting her rights and ensuring her fair and just treatment. Of those, Judge George Greer has denied more than 95%. Among the denied petitions that were filed on Terri’s behalf:
- Permission for Independent Doctors to evaluate Terri’s neurological
status
- Authorization granting swallowing examinations, supported by 3 doctor’s affidavits stating Terri was capable of swallowing
- Petition for Terri to have an Independent Medical Examination
- Motion for emergency temporary injunction to have Terri’s feeding resumed, based on evidence that Schiavo offered perjured testimony of Terri’s wishes. Conversely, Judge Greer has approved dozens of troubling petitions filed on behalf of Michael Schiavo in his efforts to end Terri’s life by way of starvation and dehydration.
Among these approvals:
- To strike and ignore the affidavits of three doctors and other evidence that Schiavo misrepresented Terri’s condition at her trial
- A secretly filed fee petition to award George Felos $225 per hour and thousands of dollars in “costs” in pursuit of her death (all withdrawn from Terri’s Medical Rehabilitation Fund)
- Approve Medicaid Assistance applications with a “Special Needs Provision” to preserve and allow Terri’s pledged Medical Rehabilitation Fund assets to be available to Schiavo’s attorney, George Felos for payment of his and other legal fees
- Restraining parents and siblings from taking any photographs, videotapes or other pictorial representations of Terri.
Perhaps just as troubling as the decisions handed down by Judge Greer is the public behavior of Michael Schiavo’s attorney, George Felos. Mr. Felos is on record in the courts, questioning the sanity of Terri’s family for protesting her death. He has publicly likened Terri to a “plant that grows towards the sunlight”. And, he has publicly labeled those opposed to Terri’s death “right-wing fanatics”. Mr. Felos has repeatedly used catch-phrases such as “right to die” and “dying with dignity” in order to reinforce incorrect public perception that Terri is without hope of recovery. Mr. Felos has recently published a book titled “Litigation as Spiritual Practice”. In it, chapters such as “Bargaining for the Contingency Fee”, “Battling on all Fronts” and “Bringing to Court a Show-Worthy Production” can be found in its contents.
Our Goals:
Support — from those who believe that her life is sacred. Anyone touched by this story should spread the word and encourage their friends and family to find out more about Terri’s situation by logging on to www.terrisfight.org
People — to contact the media, expressing their personal outrage with the events of this case and urging them to bring focus and accurate reporting to this case. It is essential to Terri’s survival that details of her situation and condition be reported accurately;
Financial — contributions are needed to offset the extensive legal costs Terri’s case requires.
Pressure — on Government Officials on the three majors issues:
1. Terri’s present situation and immediate intervention so that she can receive just and fair treatment in our Florida Courts,
2. To remove Terri’s guardianship from a husband who no longer cares for her and assign a member of Terri’s immediate family as her legal guardian.
3. Reform of our State’s and our Nation’s guardian laws and end of life statutes — which can exclude a child’s parents from life and death decisions.
Who to contact:
Charlie Crist, Attorney General -> ag@oag.state.fl.us
Office of Attorney General Charlie Crist
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Voice: (850)414-3990
Voice: (850)487-1963
Fax: (850)487-2564
Jeb Bush, Governor -> jeb@myflorida.com,jeb.bush@myflorida.com,fl_governor@eog.state.fl.us
Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001
Voice: (850)488-4441
Voice: (850)488-7146
Fax: (850)487-0801
United States Attorney General John Ashcroft -> askDOJ@usdoj.gov
US Dept. of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
202-353-1555
202-514-1009 Fax
President George W. Bush -> president@whitehouse.gov
c/o The White House
1600 Pennsylvania Ave.
N.W. Washington, D.C. 20500
Voice: (202)456-1111
Switchboard: (202)456-1414
Fax: 1 202 456 2883
TTY/TDD Comments: 202-456-6213
Visitors Office: 202-456-2121
Vice President Richard Cheney: vice.president@whitehouse.gov
Fax: 1 202 456 2710
Bernie McCabe, State Attorney
Sixth Judicial Circuit of Florida
P.O. Box 5028
Clearwater, FL 33758
727-464-6221
727-464-6534 Fax
berniemccabe@fdle.state.fl.us
PLEASE write and call Florida State Attorney Bernie McCabe via voice, faxes, letters and emails:
Demand a grand jury investigation
berniemccabe@fdle.state.fl.us,courts@jud6.org,Jeb.Bush@MyFlorida.com
Judicial Operations Bureau
General Info (727) 582-6248 jdibetta@pcsonet.com
CIVIL (727) 582-6242 jdibetta@pcsonet.com
INTERNAL AFFAIRS (727) 582-6301 sallen@pcsonet.com
Investigative ops
GENERAL INFO (727) 582-6484 kquire@pcsonet.com
Crimes against persons (727) 582-6307 sshipman@pcsonet.com
Sheriff Everett Rice (727) 582-6721 wqueen@pcsonet.com
Request that Mr. McCabe open a criminal investigation re: The Terri Schiavo case based upon the violations of Florida Statute Numbers 744.3215, Abstract: 744.3215 Rights of persons determined incapacitated. (n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice. (d) Consent on behalf of the ward to termination of the ward's parental rights
415.102, Abstract: 415.104 Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney. (1) The department shall, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation of the facts alleged therein. The department shall make a preliminary written report to the law enforcement agencies within 5 working days after the oral report.
CC: your emails and letters to Governor Bush, etc.
Jeb Bush, Governor- jeb@myflorida.com,
NOTE: Free faxing for entire Washington D.C. area:
www.tpc.int/sendfax.html
Format of number to input is:
(ex. Pres. U.S. [POTUS]) -> 1 202 456 2461
(ex. Ashcroft) -> 1 202 514 1009
Vice Pres. Dick Cheney 1 202 456 2710
U.S. Senator John W Warner
1 202 224 6295
U.S. Senator Bob Graham
1 202 224 2237
House Representative Corrine Brown
1 202 225 2256
House Representative Henry Hyde
1 202 225 1166
etc.
U.S. Senate:
http://www.senate.gov/general/contact_information/senators_cfm.
Delegate Bob Marshall: bob.marshall@trincomm.org
Important Florida House and Senate Contacts:
Speaker Johnny Byrd: speakerbyrd@myfloridahouse.com
Sen. Jim Sebesta: sebesta.jim.web@flsenate.gov
Senator Daniel Webster: drawdy.ann.so9@flsenate.gov
(Senator Webster’s email is to his aide)
Senator Tom Lee: lee.tom.web@flsenate.gov
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