E ENG. welcomes you

to the

For more information and actions to take please refer to the following links:

http://www.terrisfight.org/campaigns.html

http://www.terrisfight.org/actionitems.html

http://www.terrisfight.org

http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T- 26TGW.txt

http://theempirejournal.com/

http://www.priestsforlife.org

http://hyscience.typepad.com/hyscience Join the Terri Blogburst Campaign

http://www.prolifeblogs.com

http://hometown.aol.com/Gww1210

http://www.freerepublic.com/focus/f-news/1333205/posts?q=1&&page=1 (Feb 2005 Thread also search under Terri Schindler Schiavo, etc.)

http://www.m-blog.com/terri_schindler_schiavo

http://www.m-blog.com/terrischiavo

http://www.yahoogroups.com/groups/helpterri

http://www.yahoogroups.com/groups/FriendsofTerri

http://tbihome.org/cgi-bin/terri.pl

http://www.discoverhiddensecrets.com/KimberlyAnne.html

http://www.cogforlife.org/schiavo.htm

http://heavenlyhands.net/terrislinks.html

http://www.prayforterri.net

http://www.catholicmediacoalition.org/press_releases.htm#THERESASCHINDLERSCHIAVODAY

http://www.apfn.org/apfn/Terri_felos.htm

http://becki-snow.blogspot.com/

http://www.hoosierreview.com/tibbs_files/tibbs62.html

Terri's Hope Balloon launch:

Launch some green balloon(s) for Terri or display some from wherever you think might be good. For Thanksgiving. If you would like you might even attach a message about Terri for someone to find, etc. Perhaps you have another idea of how to celebrate and give a message for Terri this Thanksgiving and for her coming 40th Birthday. Feel free to share your idea(s). Please also display your ribbons for Terri on your servers and in the outside world an actual green plaid (green if you can't find plaid) ribbon on a tree or other suitable location. The sky is the limit!

+++

Some of you have brought up an issue about wildlife safety and releasing balloons for Terri on Thanksgiving. Last night I read some things about the issue. The major concern is the newer type foil balloon and/or string attached. These balloons take a long time to biodegrade and can cause problems. Also ribbon and string can tangle wildlife and cause serious problems. It is supposed to be better to use the old style balloons, the type we had before the foil kind. They deflate and degrade much faster, but if you choose to release the balloons- please take off string or ribbon used to hold them with, and make sure they are hand tied, no plastic clips or wire. Everyone has to decide what is the best way for them personally to connect with Terri's fight. We have never ask anyone to go against their feelings or beliefs about anything.

This balloon launch for Terri was supposed to be a simple and inexpensive way to show connection to Terri. As far as I understand the idea was for each person to let go of a single ordinary green balloon to show connection with Terri's fight. Florida has wildlife laws about balloon releases and the law states it is legal as long as you are releasing 10 or less. They recommend a type that degrades fast and no string or ribbon attached. Balloon releases are done at many occasions and are still done all the time, even in Florida.

If you have concerns about releasing balloons, then don't do it. I suggest as an alternative if you don't want to release one is to securely tie an old fashioned balloon to your porch or near the front of your house-or one for each family member that supports Terri. The old kind will deflate on their own in a short time and you can remove and dispose of them.

Tammy

+++

Please join us in Celebrating Terri's "40th" Birthday!

Wednesday, December 3, 2003 (time yet to be determined)

Loc: Hospice Woodside / 6774 102nd Avenue North / Pinellas Park, FL / 33782-2909, US

We are hoping to have a MASS turn-out of supporters and will be requesting that Terri be allowed to come out of the facility and join us at her birthday party!

* Michael will look mighty foolish if we have hundreds of folks there to celebrate Terri's 40th birthday party... and no Terri ! :-(

LET'S SEE HOW WELL "Michael" WILL WEASEL OUT OF his next National TV interview when asked:

"WHY WASN'T TERRI ALLOWED TO GO TO HER OWN BIRTHDAY PARTY?

More info:

http://www.terrisfight.org/birthday.html

+++

Local Students Reach Out to Terri Schiavo

http://www.wmbb.com/servlet/Satellite?pagename=WMBB%2FMGArticle%2FMBB_BasicArticle&c=MGArticle&cid=1031772198741&path=!news!archives

+++

We're going to try this announcement again once more with feeling: This coming FRIDAY, I was informed that the Schindlers are doing something on Oprah again and also that they will be on Larry King Live at 9:00 pm est. If it doesn't happen, nobody kill the messenger. There were scheduling conflicts the other two tries for LKL. I believe this coming Friday is a go. Please tell your friends.

If it's Tom Jones again instead, "it's not unusual" (part of one of his songs).

from: floriduh voter

+++

Report of Jay Wolfson:

http://www.orlandosentinel.com/media/acrobat/2003-12/10455191.pdf

Jeb, his lawyers, key senators, Bob Marshall and others (as my witness) were e-mailed, etc. the following:

All,

Guardian Ad Litem Jay Wolfson is now on record (see below) anent being aprised that Terri Schindler Schiavo is being denied her retained rights to rehabilitation and being brought to full capacity at the soonest possible time - something which he failed to address in his report. Wolfson's bias to see Terri dead readily shows from his report and readily shows from the conversation below. Since when does getting rehabilitation for a certain period of time (if his assertion is true) preclude the retained rights under law regarding rehabilitation? There is no time limit in the laws in regards to rehabilitation as it is a retained right. It doesn't stop after the asserted (supposed) time period of 4 years. Contrary to what Michael Schiavo's attorney George Felos asserts: that every day that Terri's feeding tube is not removed is a violation of her rights, my contention is that every day that goes by that Terri does not receive rehabilitation and attempts are not made to bring her back to full capacity at the soonest possible time are violations of her rights (retained rights of the disabled) under State of Florida laws. One individual I am in contact with states that it took 3 years to bring her daughter to the point of being able to pass a swallow test, 3 years of rehabilitations, therapies, etc. just for this purpose. Terri should not be made to perform at the snap of the fingers, etc. She should not be tested and judged thereby without the rehabilitations, therapies that would lead up to being tested. In regards to responsiveness I would also assert that if Terri is highly medicated that may be a factor in regards to responsiveness as well. I cannot stress enough the importance of the fact that Terri is being denied rehabilitation and being brought to full capacity. This all leads to purposeful neglect (another violation under State of Florida laws). When are our elected officials going to do right by Terri? Where is the DCF? All I can say is that an accounting is being made, officials are being aprised, and the failure to act is being duly noted. It is not enough that Terri is getting hydration and nutrition. Please let us know what is being done to get Terri the urgently needed, regular and meaningful rehabilitations, etc.

Regards and thanks in your helping of Terri,

Juan Schoch / Concerned Florida Resident / United States Citizen

http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm

P.S. I am cc'ing others to be as my witness.

___

Thought you might be interested in reading this. My contact with Wolfson sometime before 11:46:51 AM 12/4/03:

aaos93: Don't you think it would be smart not to start out with negative premises in regards to Terri's condition. That is not the way to help someone get rehabilitation that they are unlawfully being denied.

aaos93: It can take up to 3 years of therapy for someone to even pass a swallow test.

aaos93: There are many TBI people who have experience in these matters in regards to their own and their loved ones experiences.

aaos93: A rebuttal will be prepared of your report and be made global.

aaos93: Terri is being denied retained rights for 10 years yet you fail to mention violation of these rights. Officials will be made accountable and you are acting in an offical capacity.

aaos93: Are you listening?

aaos93: This is Juan Schoch. Sorry I didn't introduce myself earlier.

Hlthlawyer: sorry -- i did not know who was sending messages aaos93: Oops.

Hlthlawyer: i am whelmed with e mails and phone calls as you might imagine

aaos93: Yes. I can appreciate that.

aaos93: I am just getting a little fed up with the whitewash that is going on here.

aaos93: There are laws being broken as we speak.

aaos93: Denial of retained rights are felonies.

Hlthlawyer: i appreciate your position, and this was not, as you must know, a casual process for me

aaos93: I know. I am glad you are taking it seriously. But I do make some good points.

aaos93: And others.

aaos93: Terri needs to be with those who love her. That is the only way someone can progress.

aaos93: One cannot leave out that factor.

Hlthlawyer: yes you do. and i have worked closely with the disability community and attorneys and physicians and ethicists on many sides of this matter -- and worked as well, very, very closely with Theresa -- and with the medical records -- many of which nobody outside has ever seen

aaos93: But you stipulated that she has no consciousness.

Hlthlawyer: there are profound philosophical issues that divide the parties. but the record of the dispute focuses on swallowing and neuro function

aaos93: And those functions can take years to gain back.

aaos93: She has 10 years coming and the rest of her life for rehabilitation under her retained rights as a disabled person.

Hlthlawyer: that is the medical information that meets what i believe to have been the highest standard of scientific medical measurment.

Hlthlawyer: again, most people on the outside have not seen terri or her records

Hlthlawyer: it is not fair to her to impose others expectations on her

aaos93: I was typing up Science and Sanity of Alfred Korzybski when I became aware of Terri's plight and even I can see that there are massive injustices occurring to Terri.

aaos93: Semantically speaking people are playing games.

aaos93: They need to be concerned about Terri and not themselves.

Hlthlawyer: things look different from the outside than from the inside, would you agree?

aaos93: Michael has no standing.

Hlthlawyer: michael has legal standing

aaos93: Define your terms.

Hlthlawyer: which?

aaos93: 'outside'

aaos93: That things look different from the outside, etc.

aaos93: In terms of the unspeakable level we all have that in common.

aaos93: Terri has inherent rights.

aaos93: It doesn't matter if she can swallow or not.. She still has retained rights.

Hlthlawyer: those who are not familiar with the facts in the case -- the actual facts, the medical records, terri personally -- it is like a neighbor passing judgment on what she thinks is happening in your house

Hlthlawyer: it is difficult to see from the outside things that occur on the inside in real time and real life

aaos93: And those rights have been denied for 10 years in regards to rehabilitation and being brought to full capacity withiin the soonest possible time.

Hlthlawyer: it is diffucult as well, i agree, to see sometimes from the inside because of bias and hope and belief. that is not true. she received four years of aggressive rehab --very aggressive rehab

aaos93: She has 10 years of real time rehabilitation coming to her and more as her retained rights. What are not people getting under Florida Laws?

aaos93: 10 years of denied rehab. What is not registering?

Hlthlawyer: i agree with you -- this is a difficult and challenging case. but i return again to the possiblility that you are not aware of the facts and the details -- that creates more of what you might hope and want -- rather than what may be -

aaos93: I am.

aaos93: I know.

Hlthlawyer: we all, each of us come to the table with what we know and what we believe

Hlthlawyer: that makes us wonderfully human

Hlthlawyer: and flawed, which is part of being human

Hlthlawyer: michael and the shindlers, you and i are all human

Hlthlawyer: we are flawed

aaos93: Yes. But misjudgement on the part of individuals with their own agendas has gotten in the way and the scales of the balance will be righted.

Hlthlawyer: this has been argued, i could suggest, on both sides

aaos93: And those who have not been for Terri under the laws will be prosecuted.

aaos93: As there is an attempt of murder on her life.

Hlthlawyer: i appreciate your position. but i must return to my work -- i wish you the best. thank you for your thoughts.

+++

Link to the article:

http://www.clwbar.org/Res%20Ipsa%20Newsletter%20Oct-Nov.pdf

Response:

Mr. Dickinson III:

Your article "Governor Infringes on an Independent Judiciary" in the Oct./Nov. 2003 issue of Res Ipsa Loquitur begins weakly and ends in a humiliating display of impotence. I offer you corrections on the slim hope that there may be a vestigial part of the being in you that once knew honesty. If you have not yet foreclosed your self, you may benefit from reading what follows. If not, others will. It is with displeasure that I enter the morass of manipulative verbiage you pass off as insight. You call the Governor's letter "thought-provoking", but whatever it provoked in you must have been aborted long before it gestating into anything resembling thought.

You had reason to abstain from thinking, since you prefer feigning puzzlement over why the Governor "felt it appropriate to write" his letter. The Governor's own straightforward explanation of the six short paragraphs evidently did not relieve your confusion, because the obvious escapes the scrutiny of faked discernment. A sixth grader could have read the letter and explained what it was about. You chose a circuitous approach in order to allow the "Clearwater Bar Association's Board of Directors" the dubious distinction of conducting a "thorough review". Even that proved inadequate and had to be topped by "a lengthy discussion".

The pretentious text of the resolution you subsequently passed merely gives the impression that the lengthy discussion aimed at the banality of determining whether Governor Bush and the Honorable George W. Greer serve different branches of state government. As if at last satisfied that they in fact do, the Board then "unanimously approved and resolved" that the Governor had attempted to "influence the decision of a Circuit Judge" thereby impairing "the independence of the judiciary". Clap, clap.

Consequently you found the Governor in violation of the "constitutional doctrine of separation of powers." In Florida where the judiciary has been known to moonlight deciding an election, the doctrine seems rather malleable. As no doubt intended before the "lengthy discussion", the Board concluded that the Governor's paragraphs "warrant the rebuke of the citizens of the State of Florida". May we count among the rebukers the quarter million citizens who asked the Governor to keep an eye on the Honorable George W. Greer's vigilante-type bench?

Your thorough review and lengthy discussion brought you no closer to grasping the Governor's message. One shudders at your arduous labor divining the purport of six paragraphs in prose. You finally defaulted to the desperately contrived conclusion that "what is important is that the Governor's actions threaten the independence of our judiciary as well as infringe on basic constitutional principles. "The truth is that the Governor intended to save the judiciary from losing its independence to the Honorable George W. Greer's chronic infringing on the basic constitutional rights of a disabled Florida woman.

The citizens asked Governor Bush to intervene because the Honorable George W. Greer suffered the "partisan influence" of George J. Felos, Esq. and other board members of the Hospices of the Suncoast. Shady activities ranging from sickly book deals to the illicit hospice detention of a non- terminal patient are what threatened to "compromise the independent judiciary", not the Governor's kindness in raising a warning voice.

Citizens were understandably perturbed by the Sixth Judicial Circuit's apparent fraternizing with the Hospice of the Suncoast, an operation under federal investigation, with a convicted felon staffing its finance department and two class action suits litigated by defrauded donors. You identify the substance but obfuscate the particulars by writing "the Governor's actions undermine and threaten the public's confidence in the independence and objectivity of the judiciary." The public's confidence was indeed undermined and threatened but not by the Governor, as you well know.

The public rued the rule of law because the Honorable George W. Greer had arrogated too much independence from the constraints of Florida laws and Judiciary Canons. He disgraced the bench through a visible lack of objectivity in his findings on Terri Schindler-Schiavo. The public rose against the terror of law he wielded with insulting arrogance. The citizens appealed to the Governor because the Honorable George W. Greer's alien brand of jurisprudence "undermined the State of Florida's ability to impartially administer justice."

Again you enslave the truth to your awful agenda of complicity by writing, "the Florida Supreme Court and The Florida Bar" should "address this matter". Be assured that what the citizens demand from these venerable bodies is not addressing the Governor's humane letter, but the egregious miscarriage of justice against Terri Schindler-Schiavo that was orchestrated by George J. Felos, Esq. before the Honorable George W. Greer's private bench.

The Clearwater Bar Association Board of Directors never did reach the understanding that a simple reading of the Governor's short letter would convey. From this point, your writing spirals downward with increasing velocity. On your own now without the Board, you compound errors in an exponential progression. You begin by citing "the Terri Schiavo case, a case involving a husband's/guardian's right to refuse or withdraw medical care from his spouse in accordance with the spouse's previously expressed wishes."

Your mislabeling of the case has the watermark of George J. Felos, Esq. The June 1999 issue of the Clearwater Bar Associacition's newsletter hints at cozy bonds. Jo Flower, CLA in her "Legal Assistant's Update" took note of the exceptional dinner meetings speakers that year, among them George J. Felos, Esq. It seems that he charmingly initiated the Pinellas County Chapter of Florida Legal Assistants into the refined pleasures of "The Living Will and right-to-die issues." He also used the occasion to define himself as "guardian of an incompetent person kept alive against her wishes."

This was before the Honorable George W. Greer had fully adopted George J. Felos, Esq.'s vision of a brave dead world. The statement that Terri Schindler-Schiavo was then being "kept alive against her wishes" was a somewhat indiscreet revelation of things to come. Absent an understanding with the Honorable George W. Greer, it is difficult to see how George J. Felos, Esq. could unilaterally determine that Terri was being kept alive against her will. Regardless, the Felos doctrine found its ways into meetings under the auspices of the Clearwater Bar Association as early as 1999. It is not surprising to see its pervasive presence in your article.

Terri Schindler-Schiavo's case is not a "husband's/guardian's right to refuse or withdraw medical care from his spouse in accordance with the spouse's previously expressed wishes." The Honorable George W. Greer's extrapolated "clear and convincing evidence" from an anecdote by Mr. Schiavo of a casual comment his wife made "sometime in the mid-1980s" in the afterglow of an emotional TV show. Not only should evidentiary rules safeguard against such hearsay's usurping the force of a Living Will, but the story was unborn in Mr. Schiavo's mind for some thirteen years. Neither a malpractice jury trial six years earlier, nor successive litigation until 1989 revived the lost memory. It sprang forth only when George J. Felos, Esq. began proceedings to have Terri's feeding tube removed.

If this does not meet the threshold of suspicion at the Clearwater Bar Association, perhaps the sequel will. It is said to have taken two more years after the spontaneous recall to produce corroborating statements. That is when Mr. Schiavo's brother and sister-in-law had similarly astonishing epiphanies that they had heard it from Terri too. The Honorable George W. Greer expanded to find "clear and convincing evidence" from this, and contracted to exclude contradictory testimony from Terri's good friend Diane Meyers to whom she indicated after watching a movie about Karen Quinlan that she would never want anything like that to happen to her.

What could have swayed the Honorable George W. Greer's impartiality to such an extent? Feeding tubes were not even considered artificial life support until a 1999 amendment to the Florida Statutes included them. For nearly fifteen years after Terri's alleged declaration, the removal of a feeding tube to hasten death would have been a felony offense. The Honorable Greer's retroactive grafting of the procedure onto Terri's declaration of intent is the kind of unsound jurisprudence that "undermines the public's confidence in the rule of law."

But why focus on the Honorable George W. Greer's lapses of judgment? Your own fabrications, Sir leave ample room for criticism. You write: "Mrs. Schiavo has been in a persistent vegetative state since she suffered a heart attack in February of 1990. Sadly Mrs. Schiavo's husband and parents have not been able to agree on a course of treatment for her and the resulting legal disputes have continued since July 1993." Heart attack? Do you still believe in the Easter Bunny too? Does the concept of a history of trauma mean anything to you? Recent petitions to suppress deposing medical testimony? Bone scans of multiple fractures sealed on order of Mr. Schiavo for a decade? I will not even begin talking about the phenomenal money trail. I am sure that your sources are at least as good as mine are.

While it is true that two neurologists contracted by George J. Felos, Esq. gave a diagnosis of PVS, two presented by the Schindler family diagnosed brain damage but not PVS. The Honorable George W. Greer appointed a fifth expert as independent tiebreaker whose opinion made 3:2 in favor of PVS. On the strength of this slim majority Terri's feeding tube was ordered removed. The court-appointed physician Dr. Peter Bambakidis is said to have later been found lacking qualification to provide an impartial review of the medical evidence. George J. Felos, Esq. ran afoul of bench rules by failing to disclose his relationship with the Bambakidis family. It appears that he shared membership in the Greek fraternal organization AHEPA with one of the brothers, Gust Bambakidis. To a layman's understanding, such a conflict of interest should disqualify the Bambakidis part of the opinion, leaving an even 2:2 split over Terri's supposed persistent vegetative state.

The next point you make leaves you dangling over an abyss of raging nonsense. You write: "Although the legal issues involved in the Schiavo case are important, they are not the subject of this column. What concerns me more is that the Governor felt it appropriate to involve himself officially in a pending lawsuit in which neither he or the State is a party or witness..." With the facile term "legal issues" you try to sweep away an entire mine field of statute breaches, civil rights violations and denial of due process! You also deprive yourself (and your hapless readers) of the very ground wherein resides the answer to your question concerning the Governor's standing. Allow me help you.

Has it escaped you that your skip-hop over the problem is miscalculated? You say that the "legal issues may be important" but not relevant to your inquiry into the Governor's involvement. And what would you call this if not a legal issue? Would "constitutional issues" be more to your liking? Very well, let us talk constitutional then. I assume that you are familiar with the self-evident constitutional rights to life, liberty and the pursuit of happiness?

I challenge you to demonstrate your pet issue of the separation of powers as superseding the personal liberties guaranteed by the Constitution. It is the Governor's sworn duty to uphold and enforce law in all its aspects. It can be ascertained that Terri's rights were and are being violated by the Honorable George W. Greer. First among these violations is the denial of the constitutional right to life. It is well within the Governor's province to risk the appearance of a constitutional infringement when the matter concerns the prevention of an egregious constitutional violation already in progress.

Will George J. Felos, Esq. assert his influence over you again now with implied limitations of rights due to Terri's incompetence? All you are going to accomplish with that is the tedium of getting to read a list of violations of rights guaranteed under the Americans with Disabilities Act and violations of Florida law under FS 415.104. All pertain to past and ongoing abuse and neglect of a vulnerable adult and obviate the continuation of any other litigation until the issues are resolved. Each of the following violations of Florida law is the result of actions or omissions by Mr. Schiavo.

By unlawful guardianship actions Terri's estranged husband denied her "the right to be restored to capacity at the earliest possible time". For ten years up to the present time Mr. Schiavo explicitly forbade medical personnel to provide therapy for Terri that could accomplish speedy restoration to which the law entitles her. By this he knowingly and willfully contravened Section 744.3215(1)(c) of the 2003 Florida Statutes. Mr. Schiavo also denied his disabled adult ward essential rehabilitative therapy guaranteed under the Americans with Disabilities Act, and rights enumerated in the 2003 Florida Statutes as "retained rights". By this he knowingly and willfully contravened Section 744.3215(1)(i), which states that "The right to receive necessary services and rehabilitation is a retained right."

Although adjudicated incapacitated, there is significant disagreement among medical experts of similar standing concerning Terri's diagnosis of PVS. Regardless of the eventual outcome of the debate, Terri retains the rights. The law states that retained rights, including the right to necessary rehabilitative therapy may not be delegated to the guardian (Section 744.3215(3)), because the ward retains these rights for the duration of guardianship.

THE LAW DOES NOT PERMIT THE COURT TO WAIVE, REMOVE OR DELEGATE THE RIGHT TO RECEIVE NECESSARY SERVICES AND REHABILITATION. SECTION 765.401 (PERTAINING TO TERMINATION OF LIFE-PROLONGING PROCEDURES) DOES NOT AUTHORIZE THE GUARDIANSHIP COURT TO PROHIBIT SUCH THERAPY, OR TO CONVEY ANY RIGHT TO DO SO TO TERRI'S GUARDIAN.

Mr. Schiavo seized the non-existent authority from the generous but unauthorized hands of the Honorable George W. Greer. He is thus delinquent in the exercise of guardianship and stands in violation of Florida law, particularly by obstructing Terri's retained right to the service necessary for rehabilitating her swallowing function. The need for this rehabilitation is underscored by the guardianship court's recent order to have Terri's feeding tube removed. Without adequate use of swallowing muscles Terri is in danger of death. There is furthermore sworn testimony that Terri took food and water by mouth before Mr. Schiavo ordered the feeding tube inserted for reasons only known to him.

Swallowing rehabilitation is now necessary only because Terri was forcefully habituated to tube feeding. Medical expert opinion states that Terri can be de-habituated with proper protocol, which is her retained right. Even adverse medical opinion would not remove Terri's retained right to access therapies specified in a contested opinion. Mr. Schiavo's persistent efforts to have the feeding tube removed that he previously forced on Terri, make it imperative that the law guaranteeing her necessary therapy is upheld and enforced against the willful machinations of her guardian.

While the guardianship court deferred to Mr. Schiavo's claims that his wife wished to remain free of artificial life support, this cannot be construed to indicate a wish for dying from lack of food and water. AVERSION TO ARTIFICIAL LIFE SUPPORT DOES NOT EQUATE WITH AN AVERSION TO BEING FED AND HYDRATED BY MOUTH. NOTHING INDICATES THAT TERRI WOULD CONSIDER ORAL FEEDING OR THERAPY FACILITATING IT A VIOLATION OF HER PRIVACY. THEREFORE TERRI CANNOT BE SAID TO HAVE RELINQUISHED HER RETAINED RIGHT TO RECEIVE NECESSARY REHABILITATIVE THERAPY.

Mr. Schiavo has been and is in the process of committing class 2 and class 3 felonies under Sections 825.102(1), (2) and (3) pertaining to abuse, aggravated abuse and neglect of an elderly person or disabled adult. Among other crimes, he is alleged to have violated the law in the following specific instances. He is said to have:

…forbidden the performance of basic oral hygiene on Terri, thereby increasing the possibility of dental disfigurement and loss.

…forbidden the application of standard joint mobilization movements for countering the debilitation of a bedridden existence, thereby slowing Terri's lymphatic activity and suppressing her immune system.

…endangered Terri's life by instructing his lawyer to threaten medical personnel with lawsuits, should they obey the law by reinserting Terri's feeding tube.

…forbidden the administration of the Last Rites of Terri's faith, in particular the spiritual comfort of Holy Communion, thereby causing spiritual anguish and loss of salvatory hope.

[2003 F S 825.102(1)]

…forbidden the placing of a washcloth into Terri's hands to prevent her fingernails from cutting into her palms, thereby increasing the risk of painful, disfiguring lacerations and health-threatening infections.

…failed to repair or permit the replacement of a broken wheel chair that would allow Terri to be taken outdoors, thereby depriving her of the comfort and the health-giving effects of fresh air, sunshine and auditory stimulation.

…reduced the possibility of beneficial therapy by holding Terri in a death- oriented hospice, despite the fact that she showed no signs of impending physical death for the entire three years.

[2003 F S 825.102(2)(b)]

…endangered Terri's life by seeking to prevent the realization of an executive order by Governor Bush to replace Terri's feeding tube, despite the fact that the Florida Legislature empowered the Governor through passage of a law mandating the tube replacement.

[ 2003 FS 825.102(2)(c)]

…forbidden the administration of standard antibiotics for infections resulting in pain, possible disfigurement and potentially fatal sepsis.

…failed to allow Terri's examination by renowned neurology specialists, despite the fact that the service was offered free of charge, thereby diminishing Terri's opportunities to benefit from new therapies discovered during the ten years that her guardian deprived her of therapy altogether.

…failed to allow Terri to receive treatment by a renowned speech therapist, despite the fact that the service was offered free of charge, thereby depriving Terri of opportunity to demonstrate consciousness and communication facility.

…ordered the removal from Terri's room of faith inspiring and comforting symbols of her religion, thereby neglecting Terri's spiritual well being.

…ordered the removal from Terri's room of pictures of her loved ones, comfort giving items from her past and objects that could provide beneficial sensory stimulation, thereby diminishing Terri's opportunity for gaining in responsiveness.

[2003 FS 825.102(3)(a)1.]

…failed to request an investigation indicated when a bone scan revealed multiple fractures and head trauma. In defiance of a court order, he then failed to inform Terri's family of the discovery and proceeded to have the record of these injuries sealed for over ten years.

[2003 FS 825.102(3)2.]

…failed to provide the mandatory guardianship report and plan for the past three years.

[2003 FS 744.3215(1)(a)]: The right of persons determined incapacitated to have an annual review of the guardianship report and plan.

…illegally moved Terri into hospice three years ago without the mandatory diagnosis by two physicians that Terri was in a terminal state, thereby preventing her from being in a more health-supporting environment.

N.B.: Terri's parents and siblings uphold a long standing request to have Terri move back into their home, where they would provide her with an environment commensurate with Terri's preference prior to the incapacity.

[2003 FS 744.3215(f)]

…forbidden free and unsupervised visits to Terri by her parents and siblings, despite evidence that their presence provides warmth and comfort to her, thereby depriving Terri of the subtle effects of love on the dynamics of healing.

[2003 FS 744.3215(m)]

…caused the dismissal of and failed to replace Terri's guardian ad litem for a protracted period, thereby depriving her of counsel and access to the courts.

[2003 F S 744.3215(l)]: The right of persons determined incapacitated to counsel and

[744.3215(k)]: The right of persons determined incapacitated to have access to the courts.

Even a liberal assessment makes it clear that due process failed. Because of these and numerous other irregularities, the proceedings under the Honorable George W. Greer did not meet the standards of jurisprudence delineated in Florida Statutes, particularly those pertaining to retained rights. It is for this reason that a public outcry prompted the Florida Legislature to intervene on behalf of Terri.

The passage of Terri's law empowered Governor Bush to issue an executive order. While Terri's Law may eventually be found unconstitutional, this is not ground for the conclusion that the Governor cannot ask for the case to be re-opened under a different judge. Defending the constitutionality of Terri's Law is secondary to rectifying the miscarriage of justice that necessitated Terri's Law as an eleventh hour measure preventing the victim's death.

All you, Sir have to weigh against this mass of statute violations, denials of constitutional rights and due process is theatrical outrage over a six- paragraph letter by Governor Bush to the Honorable George W. Greer? This is not unlike suggesting that General Eisenhower was in serious breach of international law by not applying for a visa before invading Germany in 1945. Are you sure that you want to be known as the trivia king of the Clearwater Bar Association? You can search The Federalist Papers or any other classic of the American Republic, but you will not find a more fundamental and defensible principle than the Right to Life.

Thousands have read Governor Bush's letter to the Honorable George W. Greer without distress. Its salient points are an urgent request to abide by Florida Statutes such as the retained right of a disabled person to counsel and access to the court. The Honorable George W. Greer removed Terri's guardian ad litem and put himself in his place. If you suggest that this was an act of upholding Florida law then I would like to offer you some fine oceanfront property in the Sonora Desert.

The Governor also urged the Honorable George W. Greer to "ensure that no act of omission or commission adversely affect Mrs. Schiavo's health before the September 11 hearing…" Protection of Florida citizens is the Governor's sworn duty. The Honorable George W. Greer had on more than one occasion turned a blind eye to egregious human rights violations by Mr. Schiavo against his disabled wife. He was also made aware of George J. Felos, Esq.'s "exit protocol". At the time when the Governor's letter was written, Terri was in the throes of a life-threatening illness. Mr. Schiavo's addiction to denying basic medical care to Terri was known to the Honorable George W. Greer. The Governor was not amiss in communicating that no further underhanded exit protocol scenarios by the trigger-happy pair would be tolerated, whether or not found worthy of censure by the Honorable George W. Greer.

You, Sir can howl all you want over perceived attempts by the Governor to influence the decisions of the court. If you choose to make yourself the laughing stock of clearly thinking persons, it is your right to do so. Your cries of foul are so transparently disingenuous that they present a rather pathetic sight. There are not many people who will be fooled by ersatz> integrity. The article you wrote could benefit from being composted. It is a manifesto of deceit and cowardice. It knows nothing of decency and dignity. Your references to hallowed works of the Republic are like graffiti on a treasure. I trust you can do better in the next attempt.

+++

From: Pamela Hennessy

To: Pamela Hennessy

Sent: Monday, November 24, 2003 2:35 PM

Subject: Project "Get your act together, Bill"

As you may already know, St Pete Times writer, Bill Levesque, penned this article titled "Schiavo Clash is rooted in Cash":

http://www.sptimes.com/2003/11/23/Tampabay/Schiavo_clash_is_root.shtml

This is troublesome for a variety of reasons. Mr. Levesque appears to be going for the National Enquirer brand of journalism and completely ignoring some pretty important parts of this case. As I told him in an email this morning, he's made a mountain over a minor and peripheral issue that was neither here nor there to the Schindler family and - he utterly missed the point. He reports that the Schindler family felt put upon because they did not receive proceeds from the Schiavo medical malpractice trial. The fact is that the Schindler family was unhappy because of the therapy Terri was promised and that her guardian failed to deliver. As will prove this, a letter from Mr. Schindler to Mr. Schiavo dated 1993:

http://tomeaker.com/ts/SchindlerLettertoSchiavo.jpg

Whether or not Mr. Schiavo owed the Schindler family any amount of money is of little, if any, consequence to the family. Mr. Schindler points out in his letter, as well as his conversation with Mr. Levesque, that such things were incidental to him. His concern and Mary's concern was Terri's lack of therapy, rehabilitation and safe environment.

In this article, Michael Schiavo's attorney, George Felos, is quoted as saying: "I think one might conclude looking at the facts that a possible motivation on the part of the Schindlers is revenge,"

Mind you, testimony from a 1999 deposition of Michael Schiavo would seem to illustrate that Mr. Schiavo may well have been the one with 'revenge' on the mind. Why else would he have to be REMINDED why he was doing all of this?

http://tomeaker.com/ts/DepoMS092799-Guardianship.pdf

These items were sent to Mr. Levesque, but he, apparently, chose to ignore them. With your letters to the editor, on letters@sptimes.com or directly to Mr. Levesque on Levesque@Sptimes.Com, you may be able to shed some light on to a matter that has been falsely and unethically reported.

+++

It's Not Only About Terri Schiavo by Nat Hentoff - http://www.villagevoice.com/issues/0348/hentoff.php

+++

Terri’s Law is "presumptively unconstitutional"? Is that so Judge Baird? Seems to me the Supreme Court of Florida disagrees with you concerning legislation passed by the State’s Legislature:

IN THE SUPREME COURT OF FLORIDA NO. 93, 649 NATHAN MIZRAHI and AVA RUTHMAN:

This Court cannot substitute its judgment for that of the Legislature as to the appropriateness of Fla. Stat. §768.21(8).

When faced with a challenge to the constitutionality of a statute, as here, there are certain "cardinal principals", which must be utilized in determining the constitutionality of a statute. These include the following:

1. The burden is upon him who assails the constitutional validity of a statute,

2. It is presumed that the Legislature intended a valid constitutional enactment,

and 3. When the constitutionality of a statute is assailed, if the statute be reasonably susceptible of two interpretations, by one which it would be unconstitutional and the other it would be valid, it is the duty of the Court to adopt that construction which will save the statute from constitutional infirmity. Boynton v. State, 64 So. 2d 536, 546 (Fla. 1953).

Therefore, in delving into a determination of the validity of a legislative enactment, this Court has stated on countless occasions that, "there is a presumption of constitutionality inherent in any statutory analysis." Gardner v. Johnson, 451 So. 2d 477 (Fla. 1984), citing Scullock v. State, 377 So. 2d 682, 683-4 (Fla. 1979); see also Dept. of Legal Affairs v. Sanford-Orlando Kennel Club, Inc., 434 So. 2d 879 (Fla. 1983); Rich v. Ryals, 212 So. 2d 641 (Fla. 1968).”

So, Justice Baird, your assertion that Terri’s Law is "presumptively unconstitutional" is not only contrary the what the Supreme Court of Florida has already stated when the "cardinal principals" are followed, your statement is documented evidence of your willingness to ignore those principals and substitute your own predilections as the law of the land…the very definition of what our Founding Fathers often referred to as tyranny.

In addition, the state, as documented in CRUZAN v. DIRECTOR, MDH, 497 U.S.261 (1990) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=497&page=261) ought to err on the side of life:

“But in the context presented here, a State has more particular interests at stake. The choice between life and death is a deeply personal decision of obvious and overwhelming finality. We believe Missouri may legitimately seek to safeguard the personal element of this choice through the imposition of heightened evidentiary requirements. It cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing life-sustaining medical treatment. Not all incompetent patients will have loved ones available to serve as surrogate decisionmakers. And even where family members are present, "[t]here will, of course, be some unfortunate situations in which family members will not act to protect a patient." In re Jobes, 108 N.J. 394, 419, 529 A.2d 434, 477 (1987). A State is entitled to guard against potential abuses in such situations. Similarly, a State is entitled to consider that a judicial proceeding to make a determination regarding an incompetent's wishes may very well not be an adversarial one, with the added guarantee of accurate factfinding that the adversary process brings with it. 9 See Ohio v. Akron Center for Reproductive [497 U.S. 261, 282] Health, post, at 515-516 (1990). Finally, we think a State may properly decline to make judgments about the "quality" of life that a particular individual may enjoy, and simply assert an unqualified interest in the preservation of human life to be weighed against the constitutionally protected interests of the individual.” An erroneous decision not to terminate results in a maintenance of the status quo; the possibility of subsequent developments such as advancements in medical science, the discovery of new evidence regarding the patient's intent, changes in the law, or simply the unexpected death of the patient despite the administration of life-sustaining treatment, at least create the potential that a wrong decision will eventually be corrected or its impact mitigated. An erroneous decision to withdraw life-sustaining treatment, however, is not susceptible of correction. In Santosky, one of the factors which led the Court to require proof by clear and convincing evidence in a proceeding to terminate parental rights was that a decision in such a case was final and irrevocable. Santosky, supra, at 759. The same must surely be said of the decision to discontinue hydration and nutrition of a patient such as Nancy Cruzan, which all agree will result in her death. [497 U.S. 261, 284] “

In Terri’s case, there is no clear and convincing evidence that Terri wants to die, but only comments made by her husband and husbands family members as to what Terri would want. See Schiavo's wishes recalled in records (http://www.sptimes.com/2003/11/08/Tampabay/Schiavo_s_wishes_reca.shtml)

John William Kurowski

+++

From: Fight4terri08@aol.com
To: saveterrischiavo@groups.aol.com ; Fight4Terri@aol.com
Sent: Friday, November 21, 2003 2:29 PM
Subject: NEED, ASAP


Dear ALL:

Please review ALL the Canons to the responsibilities of the Judges.

Primarily Judge Baird and Judge Greer.

Do your research and send back to me.........all accounts that you research on the internet of how they have failed to uphold the code of ethics...need to document events; prior to sending a certified letter to the JQC. Please title what you find in the subject line as the: CANON 1, etc.

Thank you,

Cyndi


Reports of misconduct by judges must be made to the Judicial Qualifications Commission at (850) 488-1581.

The opinions of the Judicial Ethics Advisory Committee http://www.jud6.org/LegalPractice/opinions/judicialethicsadvisoryopinions/Opinions.html
are available on the Sixth Judicial Circuit Website. http://www.jud6.org/
Click here to search the opinions. http://www.jud6.org/search.htm

Preamble http://www.flcourts.org/sct/sctdocs/ethics/preamble.html

Definitions http://www.flcourts.org/sct/sctdocs/ethics/define.html

Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
http://www.flcourts.org/sct/sctdocs/ethics/canon1.html

Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities
http://www.flcourts.org/sct/sctdocs/ethics/canon2.html

Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
http://www.flcourts.org/sct/sctdocs/ethics/canon3.html

Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
http://www.flcourts.org/sct/sctdocs/ethics/canon4.html

Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties
http://www.flcourts.org/sct/sctdocs/ethics/canon5.html

Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.
http://www.flcourts.org/sct/sctdocs/ethics/canon6.html

Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity
http://www.flcourts.org/sct/sctdocs/ethics/canon7.html

+++

To:    Attorney General John Ashcroft
     Delegate Bob Marshall

Ref:   Continuation for Request of Intervention on behalf of Terri Schiavo (October 21st)

As in previous letters dated October 21st, 22nd and 23rd, this letter serves as our request for urgent action on behalf of Terri Schiavo by Federal officials. We are asking for:

An immediate criminal investigation of Michael Schiavo, Judge George Greer and the Federally funded Woodside Hospice Center in Pinellas Park Fl, all who have grossly violated Terri Schiavo’s rights under both State and Federal statutes.

We further request an immediate intervention to provide protective custody and care for Terri Schiavo.

Please see attached statements which overwhelmingly substantiate the need for urgent action on your part

Sincerely,

Debra L. Vinnedge

Cc:    Robert & Mary Schindler, Robert Schindler Jr., Suzanne Carr (family)
     Dr. Jay Carpenter, Dr. William Hammesfahr, Jana Carpenter, RN, Eleanor Dreschel, RN, Msgr. Thaddeus Malanowski

Attachment Pages 1-4

___

Attachment 1

Criminal Investigation of Michael Schiavo

1) Nurses’ testimony: Heidi Law, Carla Sauer-Iyer, Carolyn Johnson have been ignored and dismissed without hearing; each testified that Michael was abusive to Terri and may have attempted to kill her by insulin injection and attempts to induce pneumonia by turning the thermostat in her room to 64 degrees.

2) Michael Baden, top forensic pathologist in country and interviewed on Fox News National Television broadcast October 25, 2003 on Terri’s bone scan and injuries states that:

     a) Terri’s injuries are not consistent with a heart attack; no cardiac evidence to support it
     b) Extremely rare for potassium imbalance on woman her age and in her good health
     c) Injuries are consistent with severe trauma possibly caused by a beating
     d) The injuries in medical records warrant an immediate investigation

3) Dr. William Hammesfahr, Nobel prize nominee and neurologist testified that Terri’s neck injuries are consistent with only one type of injury: that of strangulation.

4) Terri’s doctor, Dr. Gambone resigned; he had previously testified Terri would die within a few days of starvation/dehydration. Terri has an obvious will to live.

5) Michael has enlisted the services of a new doctor, Stanton Tripodis, who has 5 malpractice suits against him. Clearly, Michael is attempting to provide sub-standard care for his wife.

     Case no. 97007946C1 filed 11-25-97
     Case no. 94003739C1 filed 6-27-94
     Case no. 95000873C1 filed 2-14-95
     Case no. 96001434C1 filed 3-6-96
     Case no. 98002289C1 filed 4-7-98

6) Michael is committing adultery by living with another woman who has already born one child with another on the way, thereby creating an obvious conflict of interest as guardian.

7) Michael has committed both perjury (2 counts) and insurance fraud by promising to provide care and therapy for his wife in exchange for the court award of 1.2 million dollars in 1993. No care has ever been provided to Terri.

8) Michael Schiavo has also prevented Terri from undergoing a barium swallow test, a procedure necessary to ascertain the consistency of foods able to be taken by mouth.

9) Co-conspirator George J. Felos combined and conspired with Michael Schiavo to arrange for Terri's "free" stay at Hospice Woodside as part of an "exit protocol" designed to advance Felos' self-perceived messianic mission of "helping" incapacitated people to die by categorizing them as "terminal," warehousing them, and depriving them of therapy and rehabilitation services. (Attorney Felos is Director of Florida Right to Die and has testified that he can ascertain a person’s desire to die by “looking into their eyes and letting their spirit speak directly to him”)

10) Investigate Insurance company established in Jan 2001 at the home of Michael Schiavo and his girlfriend/fiancee Jody Centonze. (Jerger and Centonze Insurnace Agency Inc.) Michael is listed on the Board of Directors for the corporation. Note: Insurance is deliberately misspelled in the State of Florida Corporate filing, possibly to avoid investigation.

11) Michael continues to deny Terri the right to receive Holy Communion as part of her Catholic and civil right.

Criminal Investigation of Greer for Prejudice and Judicial Misconduct

1) Refusal to hear credible testimony

Judge Greer refused to acknowledge testimony of 10 doctors and 3 nurses who have cared for Terri and who testify that:

     a) Terri is not in a persistive vegetative state

     b) Terri is able to be rehabilitated with care and therapy

    c) Terri’s original injuries are questionable and consistent with spouse abuse and attempted strangulation

    d) Terri has been abused and neglected by her husband; denied treatment for infection and possible attempted murder while in nursing home care (discovery of empty insulin vial and temperature in room set at 64 degrees)

Judge Greer instead chose to believe contrary testimony by two of Michael’s representatives who are:

    a) A doctor who rarely sees Terri (Dr. Gambone who has now resigned as Terri’s doctor)

    b) Ronald Cranford, Hannipeg County Medical Center , Minnesota who makes an avocation of testifying in cases such as Terri's throughout the country, always on the side of dehydration and starvation.

Example of testimony ignored:
Dr. Alexander T. Gimon, Clinical Neuro-psychologist, presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy: "Given the neglect which Terri has suffered...it is striking that her current cognitive functioning is as strong and varied in expression as it is. This indicates that sufficient brain structure exists for further cognitive and behavioral progress to be made. Terri is an excellent subject for a variety of cognitive treatment protocols designed to improve her neurological function, including neuroaerobics, physical therapy, recreational/occupational therapy, and speech-language therapy."

2) Judicial Canon violation – motion to dismiss Greer

    a) Greer revealed information about the case, predisposition as to how he would rule, merits of the case, testimony he had received to local reporters without counsel present.

    b)Judge Greer advised Tampa Atty General office that if Gov Bush was a lawyer, his letter to the judge would be a grievous offense under Fl Bar rules; statements made without counsel present.

    c) Motion to Disqualify Judge Greer filed on Fri. Sept 5th at which time Judge Greer contacted Deputy Atty General John Carassas and Sheriff Rice in an attempt to attack the factual basis of the motion and affidavits.

3) Conflict of Interest and Prejudice

Judge George Greer is not impartial. He has worked side by side as county commissioner with Barbara Sheen Todd (county commissioner) for eight years. Barbara Sheen Todd is on the board of the hospice. Also, Judge Greer's fellow judge, Judge John Lenderman is the brother of Martha Lenderman, also on the hospice board. Greer accepted as the basis of his rulings, the questionable testimony of Michael Schiavo that Terri would wish to be killed, yet Michael never stated this until he had received the 1.2 million dollar settlement. Greer also accepted as the basis of his rulings, the "opinion" of a third doctor who is the brother of a close associate of George Felos, right-to-kill attorney, and very significantly, former Chairman of the hospice board.

4) Denial of Guardian appointment to Ensure Medical Care

Judge Greer refused to allow a non-biased guardian to be appointed for Terri’s care, despite numerous citations of the violation of Terri’s rights under State and Federal Law for disabled persons, including assignment of guardian as a requirement under Fl Law, Section 744. Moreover, in the state court proceedings initiated by defendant Michael Schiavo, Terri Schiavo, a severely disabled individual, had no guardian ad litem and no lawyer for the majority of the proceedings. Attorney Pearse who was assigned by the court in 1998 was dismissed from the case by the state court on motion by Michael Schiavo’s attorney George J. Felos.

5) ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

"... 825.103 Exploitation of an elderly person or disabled adult; penalties.--

(1) "Exploitation of an elderly person or disabled adult" means:

(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:[Felos and Greer need to be investigated by the State of Florida and the US Attorney General.]

1. Stands in a position of trust and confidence with the elderly person or disabled adult; or

2. Has a business relationship with the elderly person or disabled adult; or

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Terri's fund reportedly only has $50,000 left. Felos himself has admitted receiving $500,000 to assist in killing Terri.]

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 4, ch. 95-158; s. 5, ch. 96-322; s. 1, ch. 97-78.

Criminal Investigation of Hospice On the Following Counts:

1) Conflict of interest; violation of federal policy: Mary Laybak, CEO of Woodside Hospice has direct ties to Euthanasia Society of America and Hemlock for Hospice, an organization that seeks to accelerate the dying process. Federal funds may not be used for these purposes (see below)

2) Hospice is a federally funded program designed for terminally ill and those whose death is eminent. Terri has been in Hospice illegally for three years under Medicaid payments.

3) US Dept of Health and Human Services is currently trying to collect $14.8 million from Florida Suncoast Hospice, owed to them since 1997.

4) Hospice is accused of patient brokering and several lawsuits filed by Attorney Jonathan Alpert are pending.

5) Violation of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, prohibits discrimination against an "otherwise qualified" handicapped individual, solely by reason of his or her handicap, under any program or activity receiving federal financial assistance. Hospitals and hospices that accept Medicare and Medicaid funding are subject to the Act...." Hospice Woodside is subject to the Act because it receives federal funding.

6) The Americans With Disabilities Act (A.D.A.), 42 U.S.C. Sections 12101 et seq., provides that necessary and appropriate rehabilitation services and physical/motor skill therapy not be denied a substantially disabled patient in the United States of America.

Moreover, the pertinent federal regulations for implementation of the A.D.A. specifically provide that "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." (cf. 28 C.F.R. Ch. 1, Subpart B, Section 35.130) The failure and refusal of defendant Michael Schiavo, acting under the color of state law, to furnish Theresa Marie Schiavo with necessary and appropriate speech and motor skills therapy, rehabilitation services, and the basic essential medical services, and his demand that she be deprived of food and water, violate her rights under the A.D.A. and constitute unlawful discrimination against her because of her disability.

7) Under Federal Statute TITLE 42 CHAPTER 138 Sec. 14402. Sec. 14402. - Restriction on use of Federal funds under health care programs

(a) Restriction on Federal funding of health care services

 Subject to subsection (b) of this section, no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used -

(1) to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;

 Nothing in subsection (a) of this section, or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to -

(1) the withholding or withdrawing of medical treatment or medical care;

(2) the withholding or withdrawing of nutrition or hydration;

(3) abortion; or

(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.

___

Attachment 2

October 23, 2003

To:    Delegate Bob Marshall
     Attorney General John Ashcroft

Ref:   Denial of Civil Rights Continues: Letter 3 
     In Continuation of complaint sent October 21st on behalf of Terri Schiavo

Oct 22nd (AM)
Upon arrival at Morton Plant Hospital , where Terri was brought under the Governor’s order for ambulatory care, Michael Schiavo mandated the hospital to block all information on the patient and any visits to Terri’s parents, her siblings and their family priest have been denied.

3:15pm
Morton Plant Hospital Nurse, Melanie MacAuliffe refuses to acknowledge Terri is a patient at the hospital to attorneys for the family. Attorneys filed an emergency motion to restore visitation at once.

5:15pm
Michael’s attorney Debra Bushnell faxed a letter to the parents’ attorney, Pat Anderson authorizing the family visits. The family priest, Msgr. Malanowski was not included in their letter and was still barred from visiting Terri.

6:30
When the family arrived to visit Terri, they discovered she had been moved to “an undisclosed location”. The family was not notified she would be moved, nor were they told where she would be taken and no medical information as to the status of Terri’s health was provided.

Wed Night (time of arrival unknown)
Terri was returned to hospice and her feeding tube was reinserted. Terri is still being refused the right to receive Holy Communion as part of her Catholic Rite.

Mr. Ashcroft, it is clear that Mr. Schiavo and his attorney have absolute disregard for the best interests of Terri Schiavo. After starving her for 7 days with no food or water, she has now once again been prematurely released from the hospital. On August 14th of this year, Terri was admitted to the hospital with pneumonia and three days later, Michael ordered her to be released. She would spend the next two weeks in and out of the hospital due to the instruction of Michael to have her sent back to hospice, despite her fever and obvious labored breathing from a collapsed lung.

Michael Schiavo has attempted to further her debilitation and weaken her condition and must be immediately removed from any guardianship concerning her medical care and therapy. He has continued to spit in the face of Governor Bush, the Fl Senate and House with no regard for the care that Terri was awarded by the courts.

The court today ordered a guardian ad litem to be assigned for litigation only and this will not provide the relief and protection regarding medical and therapeutic care that Terri is entitled to as a disabled American, under both Federal and Florida law. We ask for your immediate intercession to remove Terri from her husband’s care.

 Sincerely,

 Debra L. Vinnedge

CC:  Robert & Mary Schindler, Robert Schindler Jr., Suzanne Carr (family)Dr. Jay Carpenter, Dr. William      Hammesfahr, Jana Carpenter, RN, Eleanor Dreschel, RN, Msgr. Thaddeus Malanowski

___

Attachment 3

October 22, 2003

To:    Delegate Bob Marshall
     Attorney General John Ashcroft

Ref:   Continued Denial of Civil Rights – Terri Schiavo

October 21st
A Catholic miraculous medal of the Blessed Virgin Mary that had been blessed by Pope John Paul II was brought to Terri Schiavo to be placed on her person, bedside or where she could visibly see it in her room at Woodside Hospice. However, the medal could not be given to her because in fact, all religious holy cards of various saints and various Catholic artifacts had been removed from her room and thrown away. We were fore-warned that if the medal was placed anywhere in her room or on her body it would be thrown away.

October 21st 5:00PM 
The Executive Order signed by Governor Bush to immediately begin hydration and nutrition was received at Hospice by both fax transmission and official delivery. Hospice refused to reinsert the feeding tube, claiming there was no medical personnel to do so, despite the fact that they were the ones who removed it on October 15th. They promised to transfer Terri to a local hospital as quickly as possible.

In addition, two medical doctors had been summoned to Hospice and were denied entrance to perform the procedure as indicated by Governor Jeb Bush. They were also denied access to observe the patient and her condition.

6:30PM
An ambulance arrived to take Terri to Morton Plant Hospital in Clearwater. Upon arrival at the hospital, medical staff refused to comply with the Governor’s order to re-insert her feeding tube or an IV, stating they had been threatened with litigation by Michael Schiavo’s attorneys if any medical care was given to Terri. At approximately 9:30PM an IV was inserted.

Michael Schiavo has denied visitation at the hospital to all members of Terri’s family.

A request for immediate appointment of a guardian ad litem to protect Terri’s medical interests and physical well being was denied by Judge David A. Demers.

In light of the fact that the court order to provide therapy for Terri Schiavo under the malpractice settlement has been denied

by the husband; that he has access to Terri and can cause her harm and that he clearly does not represent her best interests,

we request immediate intervention to:

1) Appoint a guardian ad litem to protect Terri Schiavo’s interests and ensure she is given proper medical treatment.

2) Open an immediate criminal investigation which has never been conducted in this case.

3) Block the cremation of Terri’s body should death ensue, so that evidence is not destroyed.

4) Restore the rights of visitation and access to the family.

Sincerely,

Debra L. Vinnedge

___

Attachment 4

Date:  October 21, 2003

To:    Attorney General John Aschcroft

On Behalf of Theresa Maria Schiavo - Violation of Civil Rights Against the Handicapped

We the undersigned family, friends and medical caregivers of Theresa (Terri) Maria Schiavo request an immediate investigation and emergency intervention to stop her starvation dehydration death due to the following violations of her civil rights under the US Constitution:

Denial of Civil Rights by Michael Schiavo, husband:

By court order in a malpractice suit filed by Michael Schiavo in 1993, $700,000.00 of the settlement was to be used exclusively for Theresa’s rehabilitation. To date, no rehabilitation, medical or physical therapy has ever been provided to Terri.

Upon receipt of the award in 1993 medical records were ordered sealed by Michael Schiavo. Ten years later these records were unsealed and would reveal massive injury and a history of possible domestic violence and abuse.

While under nursing home and hospice care, Michael Schiavo ordered no physical therapy, oral feeding or treatment for Terri. He further directed that Terri only be sustained in a nursing home which is contrary to the intent of the award money. Michael Schiavo has on two occasions unsuccessfully attempted to end Terri’s life by instructing her caretakers not to medicate Terri for potentially fatal infections, the first of which occurred less than nine months after receiving the malpractice award money.

As Terri’s legal guardian, her husband has used her medical fund money to offset the legal costs when his guardianship of Terri was initially challenged and to pay the current legal costs to have Terri’s life ended.

May 1, 2000 A Court hearing was cancelled after Michael Schiavo verbally committed to sign an agreement that Terri will get the necessary medical treatment at Hospice.

June 18, 2000 – After reneging on his previously agreed terms of the agreement, Michael Schiavo later signed an amended agreement stating he will not withdraw or terminate Terri's medical care or treatment for potential fatal infections, without prior notice to the court.

Denial of Civil Rights by Judge Greer:

February 2000 – Judge Greer condemns Terri to death by dehydration/starvation without any clear and convincing evidence as required by statute. There is no written living directive.

March 2000 – Sworn affidavits provided to the court by three physicians that Terri is able to eat. Judge Greer denies a petition to the court to perform swallowing tests on Terri, part of her court-ordered therapy.

Judge Greer further authorized personal security personnel costs for Michael Schiavo to be taken from Terri’s medical fund.

May 7, 2001 – Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, accompanied by a formal letter requesting Schiavo’s permission to allow Terri to begin rehabilitation treatment; request denied.

September 26, 2001 A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing." The core of the appeal is that Judge Greer did not follow the Appellate Court's July 11, 2001 instructions. Judge Greer admitted he ignored the doctors’ sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial.

NOTE: NO CRIMINAL INVESTIGATION HAS EVER BEEN CONDUCTED IN THIS CASE AND ATTEMPTS TO DEMAND SUCH INVESTIGATION HAVE BEEN SUMMARILY DENIED AND BLOCKED UNDER COURT ORDER OF JUDGE GREER. IMMEDIATE CREMATION OF THE BODY WILL OCCUR UPON HER DEATH, THUS DESTROYING ALL CRIMINAL EVIDENCE.

Denial of Civil Rights by Michael Schiavo’s appointed physicians:

 There is no court order to deny Terri Schiavo oral feeding. This was put in place by Michael Schiavo’s appointed doctors, in direct violation of the previous court orders to provide therapy and rehabilitation for Terri.

Denial of Civil Rights by Pinellas Park Police, Michael Schiavo and his attorneys:

On October 15th at 2:00PM Terri’s feeding tube was removed. Although the court does not deny the right to provide oral hydration or feeding, the doctor’s orders to hospice are to prohibit any type of oral feeding.

On October 18th, 19th and 20th Monsignor Thaddeus Malanowski was refused the right to administer Holy Communion to Terri as part of her Catholic Last Rites. This order was expressed directly by Michael Schiavo, his attorneys and the local police guarding Terri’s room who told the priest they would “stop him if he attempted to give her Holy Communion.”

It is a criminal violation to abuse, neglect or exploit a disabled person, all of which have been perpetrated on Terri Schaivo and we petition your immediate intervention and investigation.

Presented by: Debra L. Vinnedge

           Mary and Bob Schindler

           Robert Schindler, JR

           Suzanne Carr

           William Hammesfahr, MD

           J.D. Young, MD

           James Eckart, MD

           Jay Carpenter, MD

           Eleanor Dreschel, RN, MS

           Jana Carpenter, RN, MS

           Msgr. Thaddeus Malanowsk

 STATE OF FLORIDA
COUNTY OF PINELLAS
Filed this 21st Day of October, 2003

+++

Today - November 18, 2003

The Second District Court of Appeals in Lakeland, Florida has lifted their stay in the case of Schiavo v Bush. Governor Bush is being given until 5.00 Wednesday, November 19, 2003 to complete his filings with the court. We will bring you more news as it develops.

Story from AP: http://www.sun-sentinel.com/news/local/florida/sfl-1118schiavo,0,6704462.story?coll=sfla-news-florida.

Please visit http://www.terrisfight.org/ for more information.

Volunteers who wish to make contact can contact the following Florida Agencies demanding that a full investigation be made into allegations of abuse and neglect of a vulnerable adult under Florida Statute 415.104 (Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney.)

Suncoast Region - Adult Services Program
9393 N. Florida Avenue
Tampa, FL 33612-7907

(813) 558-5580

State Attorney, McCabe Bernie

14250 49th St N
Clearwater, FL 33762-2800
(727) 464-6221

Pinellas County Sheriff's Office
Largo, FL 33770
(727) 588-6777

++

Terri Schindler Schiavo is being denied necessary rehabilitation (in particular but not limited to range of motion therapy which has been denied her for approximately 10 years) because Michael Schiavo has knowingly acted to refuse same.

"The right to receive necessary services and rehabilitation is a retained right. Section 744.3215(1)(i), Florida Statutes (2003).

What are they doing or are going to do about this? Michael Schiavo is breaking the law.

Terri is being denied the right to be restored to capacity at the earliest possible time in contravention to:

Section 744.3215(1)(c), Florida Statutes (2003).

and has been for approximately 10 years because Michael Schiavo has knowingly acted to prevent same.

What are they doing or are going to do about this? Michael Schiavo is breaking the law.

Terri is currently being neglected and has been for the past 10 years. Michael Schiavo as guardian of Terri has been the cause of this neglect. Michael Schiavo is breaking the law and is guilty of committing felonies under:

Section 825.102 (3)(a) under the meanings of said Section 825.102 (3)(a) Items 2b and/or 2c. and therefore is a felony crime and punishable pursuant to statutes 775.082, 775.083, 775.084.

Again, ask them what they are doing or are going to do about this.

Call the following people and tell them that you want some answers:

Executive Office of Governor, Legal Team to Jeb (ask to speak to the following individuals):      

Robert H. Fernandez (Deputy General Counsel to Governor) -> fernanr@eog.state.fl.us         

Raquel A. Rodriguez (General Counsel to Governor)-> raquel.rodriguez@myflorida.com            

Christa Calamas (Assistant General Counsel to Governor) -> calamac@eog.state.fl.us

850 / 488-3494 (voice)

850 / 488-9810 (fax)                

Jeb Bush, Governor -> jeb@myflorida.com,jeb.bush@myflorida.com      

850 / 488-4441 (voice)

850 / 488-7146 (voice)

850 / 487-0801 (fax)                  

Executive Office of the Governor

400 S. Monroe Street                

The Capitol                     

Tallahassee, Florida 32399-0001                             

Ask to speak to Lauren O'Conner

Attorney General Charlie Crist -> ag@oag.state.fl.us

850 / 414-3990 (voice)

850 / 487-2564 (fax)

State Attorney Bernie McCabe

Sixth Judicial Circuit of Florida
P.O. Box 5028
Clearwater, Florida 33758

berniemccabe@fdle.state.fl.us

727 / 464-6221 (voice)

727 / 464-6534 (fax)

Request that Mr. McCabe open a criminal investigation
re: The Terri Schiavo case based upon the violations of Florida Statute Numbers (combined with/including that listed above):

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

Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308

850 / 410-7000 (voice)

Civil Rights & Civil Liberties Complaints

Office of the Inspector General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Room 4322

Washington, D.C. 20530

inspector.general@usdoj.gov

hotline: 800 / 869-4499

hotline fax: 202 / 616-9898.  

 US Department of Homeland Security/FDLE/FLA

Michael P.S. Dwyer

813-872-7213

727-541-5335

mpsdwyer@aol.com

FBI Tampa

Room 610, FOB
500 Zack Street
Tampa, Florida 33602-3917
tampa.fbi.gov
813 / 273-4566 (voice)

https://tips.fbi.gov/

REF:

Florida Statutes (2003)

744.3215 Rights of persons determined incapacitated.--

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or her rights.

(c) To be restored to capacity at the earliest possible time.

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.

(i) To receive necessary services and rehabilitation.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(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.

(o) To privacy.

History.--s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102.

++

825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.--

(1) "Abuse of an elderly person or disabled adult" means:

(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;

(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:

(a) Commits aggravated battery on an elderly person or disabled adult;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or

(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) "Neglect of an elderly person or disabled adult" means:

1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.

(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 3, ch. 95-158; s. 2, ch. 96-322.

+++

*Please keep those letters, emails and phone calls rolling!
*Spend a few small dollars to purchase a book of stamps.
*Remember to PLEASE follow up with your emails by a printed hard copy.
* Our emails are definitely powerful! However....the arrival of the old-fashioned FULL BAGS of U.S. mail on a persons desk really hits them in the face! Snail mail is also not so easy for the "Powers That Be" to click on and delete!
 

Demand a grand jury investigation. States Attorney Bernie McCabe is trying to shirk his responsibility. We need to hold him responsible for getting Michael Schiavo investigated, etc. Do not let up in your efforts!


PLEASE write and call Florida State Attorney Bernie McCabe via voice, faxes, letters and emails:
berniemccabe@fdle.state.fl.us
Bernie McCabe, State Attorney
Sixth Judicial Circuit of Florida
P.O. Box 5028
Clearwater, Florida
33758

727 / 464-6221 (voice)

727 / 464-6534 (fax)

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 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
Jeb Bush, Governor-
jeb@myflorida.com,
850 / 488-4441 (voice)
850 / 488-7146 (voice)
850 / 487-0801 (fax)

+++

"Terri Lights" Shine Bright - Nationwide!

October 18, 2003

Gathered by Julie Kay Smithson, a friend of Terri's, like so many more 'out there'

JSmit10695@aol.com

'From the great Atlantic Ocean to the wide Pacific shore,' the song says.

Candles are burning tonight in windows across America, for Terri Schindler Schiavo and her family. Please add your lights and let them shine bright!

From the Lighters:

Tennessee's Mom Vickie: Just a thought, but maybe if some reporter friend could get it started somewhere, everyone on Terri's, and her family's side, in the Nation, that can't go down there, could light a candle in their window each night for her. Right now people can buy those electric candles they put out for Christmas, that what I'm using here in Tennessee, and don't have to worry about a fire.

Ohio's Jacque: Mine are getting lit in the windows right now, as well as a

long burning contained prayer candle so that everyone who comes into my home will know what it is for. In fact, I will label it. Thanks for the idea. Pass it on! Light your candles and say your prayers. God is bigger than this mess! There is a prayer candle burning in Ohio...

Ohio's Julie: I certainly shall pass it on, with a prayer of thanksgiving to

both you and Vickie in Tennessee! My Ohio candelabras are in the window!

Ohio's Toledo 91: National Candle Vigil in Solidarity with Terri ... Let's

light up the night for Terri! Put your "Terri Light" in the window and keep it

burning. It will remind you to say a prayer for Terri ... and it may add others

to this mighty army of prayer warriors that cherish life and innocence!

California's EEPACINC: I will put a candles in the window of my house and pass the word along to everyone I know. I will also try to get a hold of some local radio stations out here in the SF Bay area to spread the word. I will do my best.

Indiana's Bee: candles in the window of my house ... AND INDIANA...

Florida's Cecelia: I'm in Florida ... we have candles too ... we call them

"Terri Lights" Put your "Terri Light" in your window, your love for life to show!

California's Jayne: My "Terri Lights" are on in Santa Clarita, California,

praying desperately for the life of Terri.

Please email me with your name and state and tell me that you've lit a candle for Terri. God bless you!

http://www.propertyrightsresearch.org/articles4/terrifrms.htm

http://www.TerrisFight.org

http://www.prayforterri.net/

http://www.friendsofterri.org/bone.html

_

Pinellas Park, FL (LifeNews.com) -- Grassroots supporters of Terri Schiavo, the disabled woman whose husband is attempting to starve her to death, are asking pro-life people to participate in a nationwide vigil to support her.

Terri's family has not been alone in their efforts to save Terri's life.

More than 150,000 people signed a petition to Governor Bush asking for him to intervene and prevent Michael Schiavo, Terri's estranged husband, from killing her. Others joined a prayer vigil outside Woodside Hospice, where Terri has been living for years.

Bush responded to the grassroots call for help and worked with the state legislature to pass Terri's Law, that allowed him to ask doctors to reinsert the feeding tube that is allowing her to stay alive.

Now, supporters across the country have started a new campaign to spotlight Terri's plight and save her from death via starvation and dehydration.

Julie Smithson of Ohio began "Terri's Lights," an effort to encourage those who back Terri's right to live to put candles in their window as a sign of support. Terri's Lights" will be displayed until Terri is safe from harm and permitted to return to the care of her family.

Pro-life advocates around the country are already participating.

Vickie, a mother in Tennessee, said she is supporting the effort and is using electric candles that are available during the Christmas season.

Meanwhile, Jacque, a woman from Ohio, said her candles are "getting lit in the windows right now." She also has a prayer candle lit "so that everyone who comes into my home will know what it is for."

The grassroots campaign has lifted Terri's family's spirit during this trying time.

"We are truly overwhelmed and grateful for the many thoughts and prayers for Terri," said Mary Schindler, Terri's mother.

"It helps to know that there are so many people who recognize that Terri is merely a disabled woman who deserves to be given a chance," Schindler added.

Terri's family is also encouraging supporters to back a green plaid ribbon campaign to raise awareness for Terri.

Terri's Lights are already being displayed throughout the United States and have reached as far as Australia.

Related web sites:

Terri's family - http://www.terrisfight.org/

+++

In response to Mr. Nohlgren's (nohlgren@sptimes.com) article:

http://www.sptimes.com/2003/11/10/Tampabay/Schiavo_tapes__snippe.shtml

Dear Mr. Nohlgren:

I found your article on Terri Schiavo's videotapes both uninformed and quick to judge.

For ten years my husband has been in a state virtually identical (anoxic encephalopathy) to Terri Schiavo. The Schindlers are fighting an incredible battle in their effort to penetrate the prejudiced, entrenched thinking that just won't yield to a new understanding of the functioning of a severely brain injured--please,injured,not damaged--person.

 

Like the Schindlers,I began taping my husband responding by crying appropriately to music and emotionally evocative statements. When the insurance company sent a neuropsychologist to evaluate my husband, I was prepared to show him what I had taped. However, the Dr. conducted his clinical evaluation first and got no responses from my husband. Based on his evaluation alone, the diagnosis would have remained PVS. After viewing the video, along with my demonstrating in person how I could elicit crying responses from my husband, the diagnosis was changed to minimal consciousness. I am certain that many brain injured people are being treated as less than human (I've witnessed this many times over a period of 3 1/2 years) because professionals and family members alike do not know how to elicit responses that can be measured objectively.

On the one hand, everyone agrees that Terri is severely brain injured. Yet, when she can't perform consistently, the way a normal person would, it's concluded that the responses weren't valid but only reflexes and coincidences. Neurologists and neuropsychologists of all people should be aware of this and sensitive to Terri's struggle to move purposefully and respond immediately. The command or request has to be processed first. Maybe it makes it to completion, enabling Terri to respond, while other times it doesn't. If the processing isn't always successful, that doesn't mean the times Terri did respond aren't valid and should be dismissed as coincidences. Also, responding is hard work for Terri and very fatiguing. Of course there would be long periods of taping with no obvious cognition going on. Why would anyone expect Terri to succeed all the time? She is severely brain injured, remember?

If you have not read the NY Times article: What if There is Something Going On in There?(September 28,2003), you and all the other skeptics should read it. The neuropsychologist researching PVS patients states:"If I say'Touch your nose,' and you touch your nose, and then I say 'Touch your nose,' six more times and you don't do it, how do we account for the one time you did?" He also explains: "Some are straightforward climbs to consciousness...Still others form a series of conscious peaks and vegetative valleys." The article ends with a Dr. commenting on a patient's performance:"He's aware of himself, he's happy, but it took a lot of skill to see it. If he ended up in a nursing home and started doing things like this, no one would have noticed."

"It took a lot of skill to see it," the Dr. said.

+++

Posted by a5478 to pc93

On News/Activism 11/12/2003 11:54 AM PST #236 of 280

Thank you for article site and the address for reply. I am concerned that media people will push for this being a "right to die" case. Here is what I sent to the writer of the article:

Dear Mr. Nohlgren,

Surely you would agree that your nonprofessional and totally uneducated evaluation of the full four hours of the Schiavo video tape has no bearing on the issue. If various professionals can disagree on the interpretation of this video tape, then your opinion is all the more moot.

The issue is that a disabled woman has been denied her basic rights of treatment and rehabilitation for the last ten years. Such treatment having been funded by a court decision. That she has received even basic treatment is the result of her parents' constant vigilance. Her husband has denied this woman even the most basic humane interactions.

It is at most a flimsy right to die case. It is distinctly a gross and abject mistreatment of a disabled woman whose funds for treatment and rehabilitation have been channeled elsewhere, anywhere but to her. It is most definitely criminal misappropriation of funds set aside by a jury on the grounds that this disabled woman could benefit from and deserved treatment. And it is this abomination that has stirred the interest from hundreds of thousands of people across this country.

+++

Judge Greer counted.

"By the court's count, (Hammesfahr) gave 105 commands to Terri Schiavo and, at his direction, Mrs. Schindler gave an additional six commands," Greer wrote. "He asked her 61 questions and Mrs. Schindler ... asked her an additional 11 questions. The court saw few actions that could be considered responsive to either those commands or those questions."

Comments:

Florida Law says PVS is NO cognitive behaviour of ANY kind. Even the Judge acknowledges that she had a few actions that were!

FS765.101 Definitions; (11) "Living will" or "declaration" means: (a) A witnessed document in writing, voluntarily executed by the principal in accordance with s. 765.302; or (b) A witnessed oral statement made by the principal expressing the principal's instructions concerning life-prolonging procedures.

(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment.

That's a) and b). Not or. She is not unconscious and showed a few voluntary or cognitive behaviors according to Judge Greer. That's not the same as NONE of ANY KIND>per the statute.

+++

Posted to Oprah message board re: Terri

http://64.124.46.168/WebX?13@85.2KbnbLwal8h.1@.f0049ba/73

Test case for the Death Enthusiasts
Posted by: phennzimp
Posted on: 11/13/2003 at 1:40pm (71 of 78)

Read about the T-4 Programme of the Third Reich and how it was a stepping stone to thousands of murders committed against disabled people. Terri is a test case for those who see cognitively disabled people as burdens. Because Americans are forced to be concerned with cost of care, they are (somewhat) following along with the idea. The frightening part (and the appropriate reference to the Third Reich) is that the forced deaths will not cease with cognitively disabled people or elderly adults. It has the potential to reach down on anyone who can be viewed as "no use to society". Call it what you wish, but forcing a death is murder.
If we have the medical advances in place to improve human life, we have an obligation to apply it. Terri has had her retained right to be restored to capacity derailed by her husband and the courts. She is not terminal. She has disabilities that can and SHOULD be addressed. Keeping her from those benefits is dehumanizing a vulnerable adult, it is in direct violation of her rights under the US and the Florida Constitutions and it is a criminal act under at least 2 Florida Statutes. This should never have been labeled a "right to die" case. It is a "right to recover" case and Terri's right to recover has been stripped from her. It is a sad day for this country when we begin to accept the atrocities from years past that we swore we would never tolerate in a civilized society.

+++

 

PLEASE POST A LETTER LIKE THIS - PLEASE!!!

Posted By: Karen Lee Kranz Date: Wednesday, 12 November 2003, at 10:59 a.m.

Remember a few days ago Pat posted this very hurtful article - written in such an insensitive manner:

http://www.sptimes.com/2003/11/10/Tampabay/Schiavo_tapes__snippe.shtml

And then I replied that I thought we should all send the writer, Mr. Nohlgren, a letter.

Well, here is a great letter from my friend Mike. He makes so many great points that I wanted to post it to give you some ideas. Yesterday I had also posted some comments from Pamela that provide another slant on why Terri might be so slow to respond. Please see:

http://tbihome.org/cgi-bin/terri.pl?read=813

as that describes very briefly some of the points that Pamela makes which could be integrated into the letter that Mike wrote.

I hope you find this helpful. I'm going to write my own letter as soon as I am finished with some medical procedures scheduled for today and tomorrow.

Love and Hugs, Karen

Mr. Stephen Nohlgren St. Petersburg Times nohlgren@sptimes.com

Dear Mr. Nohlgren,

I am writing in reply to your article of November 10, 2003 entitled "Schiavo tapes: snippets, then not much."

Simply put, I am appalled at your ignorance.

The fundamental question is, how many times should Terri respond to stimuli or prompts "by choice" in order to validate her state of consciousness and cognizance? The answer is: Only Once, if she so chooses to do so.

Either she is there, or she is not. Pure and simple. How could you have missed such a basic principle?

Everyone loves to talk about "choice" these days. Have you ever tried to get the attention of a small child while he is busy playing or tired? Sometimes he will ignore you, and that's not because he does not hear you or see you, he does. He simply chooses to ignore you. Some of us adults will do the same.

I submit to you that this observation is even more pronounced with people like Terri, given that she has severe brain injury, been deprived of therapy for years, lives in a hospice environment that is not conducive to stimulating the senses, as well as her own physical limitations.

In addition, Terri is probably very frustrated and suffers some degree of psychological problem that compounds the difficulty of "response on demand". It could also be that Terri is just simply tired most of the time and does not wish to be bothered.

In light of this, I consider Judge Greer's assessment of Terri's "lack of sufficient response" equally ignorant as well.

Mr. Nohlgren, if you are convinced that Terri gave a genuine response only just once through those video tapes, then in good conscience you are obliged to affirm her cognizant ability and advise readers of your finding.

There are many peripheral issues but I would just leave it for now.

Thank you for your time and I hope you will write another article very soon to address this particular concern.

(name) (city)

+++

Oprah and Terri's Plight - Fri. Nov. 14, 4PM EST

Imagine my surprise coming home from work and the tube in my bedroom had the news on and I hear the local news channel talking about Terri etc. (whom they never said anything about every time I saw them talking on past occasions).. then they say that Oprah is going to be covering Terri's case on Friday at 4PM EST. I thought wow this might be good. But now that I went to her site I see that they are spelling Terri's name Terry and they are talking about Living Wills, etc. nothing about what is really going on. Then I join up on their message board and some woman is saying Terry already decided and her decision was to die. I for one am not going to sit idly by and not say anything so I responded but I think others may want to as well.

Name of the thread Should Terry Schiavo Live or Die?:

http://boards.oprah.com/WebX?14@74.2U2cbbuDmrs.8@.f0049ba!skip=0&view=C

+++

Appearance of Terri's family on Larry King Live has been rescheduled to Friday, November 14, 2003. Boycott Larry King and Larry King Live. His reps. only wanted to give the Schindlers a 20 min. slot.

+++

Terri Schiavo has been momentarily rescued from the embrace of death. Now the spin and the damage control begins for those who plan. . . and plot. . . and scheme.

A man in a black robe has spoken; one man, whose judgment decides Terri Schiavo's fate. Her life hangs in his balance. His decision regarding the appointment of a new guardian for Terri: Terri's parents and her 'husband' have five days (from October 22nd) to agree upon a guardian ad litem or he will choose one for them. Actually, the choice is already made, as you will read in the Orlando Sentinel article below this.

NOW. . . would Michael Schiavo, who's spent the last ten years and the lion's share of Terri's medical fund trying to get her dead, ever agree to a guardian her parents suggested?

Or could the Schindlers (Terri's parents) dare even consider agreeing to anyone Schiavo would choose?

Not in a million years! It isn't going to happen and the judge knows that. Of course, the judge answers to a higher power, and we know that power isn't from the Heavenly abode.

The new court-appointed guardian ad litem has been named as Dr. Jay Wolfson, director of the Florida Health Information Center at the University of South Florida in Tampa. He is also a lawyer. The University of South Florida is intimately connected to Hospice and Hospice of the Florida Suncoast (the corporate owner of the hospice where Terri was being dehydrated and starved, and where she is once again interned).

The USF website gives information on continuing professional education to be held November 6th by the University of South Florida's Center for Hospice, Palliative Care and End-of-Life Studies. The University of South Florida, Dr. Jay Wolfson's employer, has a partnership with, among other hospice organizations, the Hospice of the Florida Suncoast.

Read here about Wolfson's attack on a secretary in 1994, and an insurance claim against him. Sounds like a real nut case. 

Terri Schiavo's situation is not so unique, as we're all beginning to realize. Death by dehydration has become the fad today all over the country as a way to rid the system of useless eaters. Why? Because "all fifty states allow it", according to Kenneth Goodman, director of bioethics at the University of Miami School of Medicine. He told LifeNews.com that Terri would "not feel a thing". Goodman then added:

"There is nothing unusual about terminating hydration and nutrition.

"The reason why Florida law allows it, and the other 49 states allow it, is obviously that this can be done in a way that is pain-free and dignified. That is why it is legal.''

Really? She won't feel a thing? It's pain-free and dignified? How is that? According to Dr. David Stevens, countless ethical physicians and according to people who've lived through that unspeakable horror with their loved ones, death by dehydration is an agonizing death.

Terri has been receiving sustenance again after being deprived of water and food for six and a half days. That's approximately one hundred fifty-six hours! Try it! Miraculously, according to reports Terri has suffered no kidney damage and her father, Robert Schindler, Sr. says "she looks great!".

The $64,000 question is: 'Why have all fifty states made this agonizing method of killing off useless eaters legal?"

Answer: Creatures like Goodman obviously lobbied for the law, lulling the rank and file legislators into a dream state, convincing them that dying by dehydration is a great way to go. Or. . . they just voted for a bill that their bought-and-paid-for legislative leaders told them is a "yes" vote. They cannot rock the boat, for if they make too many waves they lose their committee seats, perks and even their office.

People live and die by legislation. Orwellian laws are born of apathetic, uninformed 'law-makers' who don't write the bills, don't read the bills, and never give a thought to the monstrous results of their negligence.

Sadly, the lure of office, money, prestige and whatever else rings their bell is much more important today than the life of an unknown woman - or hundreds of thousands of 'unknowns'. 

When we review the particulars in Terri's case, it reads like pulp fiction. A slew of good ol' boys from judges, doctors and lawyers to their countless accomplices have ridden roughshod over the laws and constitution of Florida state, as well as the 'constitution for the united states of america', obviously unaware of the sanctity of life. . . of the life of one Theresa Marie Schiavo. Terri was incidental to their bigger agenda.

The only difference now is that Terri's case has been pulled out of the pits of hell where the players have thus far frolicked unnoticed by the sleeping giant (the voice of the people) into the light of day. Hundreds of thousands of e-mails, phone calls, faxes and letters have poured in to the governor, state legislators, judges, and the controlled media. Too many people know the facts and are making their voices heard. Too many to be ignored.

The first act of damage control was to pass emergency legislation calling for immediate cessation of the deprivation of life-giving sustenance to Terri. That act got the governor off the hook who had stated time and again that he couldn't intervene because "the laws gave authority over guardianship issues to the courts", and his intervention would "violate the constitutional separation of powers".

Hogwash! Those statements were made in total contradiction to nearly everything stated in the Memorandum of Amicus curiae presented to the court on October 7th by Jeb Bush's Legal Department, the same Legal Department he claims has informed him that he cannot intervene.

The emergency legislation wasn't necessary to 'give the governor authority to intervene', although it did serve to appease the uninformed and make the government machine look good; we might go so far as to say it looked benevolent. AND. . . and this is a big 'and': it gives them the opportunity to challenge the whole event on constitutional grounds while the amicus curiae brief is all but forgotten, along with the FACT that the governor can and should intervene.

I am disturbed that the family and attorneys aren't pushing that fact, along with the six opinions by other lawyers from outside of Bush's administration.

And. . . don't be fooled: this whole charade would never have happened without the outcry -- the roar, actually - from that sleeping giant that could not be ignored. They would have gone on happily killing Terri without a hitch.

Even the controlled media is beginning to pick up the tempo a bit, asking questions, dropping a few tidbits of truth -- only because they show their face too clearly if they continue to ignore the information being fed into their offices.

When a hitch does occur, then the think-tanks get busy.

"What do we do here? How do we use this to our advantage? 

"No problem. We've covered the bases, and now we play our ace in the hole. The Florida constitution! The 'right to privacy' issue. After all, a citizen has the right to die if they so choose! The Court has already determined that Terri Schiavo wants to die because Michael Schiavo said so. That is 'clear and convincing evidence', and by Satan, we'll uphold that right! Our WILL be done!" 

Surely the educated sophistocrats use more subtle language than that. Nevertheless, that is exactly what they're saying. And that is what they are plotting. If Terri's attorneys miss this boat Terri is condemned - by un-law - to die.

The following article is a masterpiece of laying the foundation for their scheme. The hue and cry is: "the legislature had no authority to interfere"; Terri has the "right to die under the privacy clause in the Florida constitution"; and "the courts will settle it once and for all".

It is clear that not only does the governor have authority and power to intervene, he has a MANDATE under the Florida state law, the Florida Constitution, and the constitution for the united states of america to intervene, and to enforce his authority to the extent of calling on the state militia if necessary.

He needed no emergency legislation giving that authority. The authority exists by virtue of the laws already on the books, that are in pursuance to the constitutions mentioned, and passed by the law-making branch of the Florida state government.

It has been announced that Schiavo's lawyer, George Felos, will file a brief Monday challenging the Constitutionality of the emergency bill passed by the legislature.

For full particulars on our assertion that there is no conflict with the law, nor was the legislative action necessary, see the item titled Jeb Bush Knows He Can Intervene For Terri. We've quoted extensively from his amicus brief, citing specific laws already in force in Florida.

It couldn't have been made any more clear that the law was broken by Judge Greer when he mandated the withholding of sustenance from Terri, and again when he forbade oral feeding. Both of those actions are forbidden under the Florida statutes. The order to forbid oral feeding could be offered as proof that the courts and Michael know Terri is not unconscious. A vegetable cannot eat and drink, so therefore, the order would be unnecessary.

Remember, Terri isn't out of the woods yet. Quite possibly our calls, e-mails and faxes will be even more urgent this time round. 'Terri's Bill' gave the governor authority for a "one-time stay" which could be interpreted either:

1) that it was solely for the case of Terri Schiavo OR

2) the governor could intervene only once.

My sinking feeling is they will construe it as a 'one-time-only' intervention for Terri. Then, if the courts decide the actions taken by the state legislature and the governor were unconstitutional, there could end up being no further remedy for Terri. At that time, her only hope would be to be rescued by the militia. Thousands of people coming to her aide, carrying her away to safety, for after all, that IS the real meaning of the militia, isn't it? Able-bodied men and women defending our country, our countrymen (and women) and the constitution.

Be ready Monday to gear up the outcry (roar) once again. Have your ducks in a row, and make the contact count, by using facts, reason and logic. Cite the laws, let them know we know what they're doing - if it becomes necessary. -- Jackie --

Sunday evening: 11:15 PM

October 26th, 2003

http://www.sweetliberty.org/bulletins/terri/guardian.htm

+++

Diane Coleman of NDY to debate George Felos

--------------------------------------------------------------------------------

www.tigerbayclub.com/Meeting.htm

Diane Coleman of Not Dead yet will debate Michael Schiavo's Attorney George Felos on Nov. 14.

My understanding is that this may be broadcast on local cable access. When I have more details I will post them.

Note: the venue, The Tiger Bay Club is where Dr. Dean recieved such a warm welcome for his statements taking Jeb Bush and the Fl. Legislature to task for interfereing with Ms. Schiavo's death.

www.notdeadyet.org/ for more on NDY and Attny. Colemen.

_

Edited by: UZER1 at: 11/8/03 7:26 pm

+++

 

Posted by Republic:

-----Original Message-----

From: < name withheld >

Sent: Sunday, November 09, 2003 3:50 PM

To: < Undisclosed-Recipient >

Subject: update

A battle of pro-life and pro-death forces -

http://www.tigerbayclub.com/Meeting.htm

-

Coleman vs. Felos!!!

Some of you may want to be there or even picket Felos. One of our members made an excellent suggestion - that we keep encouraging Bush to protect Terri and thank him for previous efforts - jeb.bush@myflorida.com

I have been told that on Montel tomorrow at 3 PM either the Schindlers will be on or someone discussing Terri. The Larry King show may possibly be rescheduled from last Fri. to next Fri. but I will let you know.

Don't forget http://www.tropicwaveradio.net/H2H/--Tue. at 9 PM.

A leading forensic specialist will be talking about some Hospice deaths and also about Terri's bone scan, etc.

Many thanks for all the efforts you all are making!

< name withheld >

Coleman v. Felos--Full Text of Opening Remarks

Tiger Bay Club - November 14, 2003

Coleman v. Felos:

Opening Statement of Diane Coleman on Terri Schiavo Case

You've been hearing for a long time that the only opposition in this case is coming from the religious right. But a dozen national disability groups filed friend of the court briefs in the state and federal proceedings, and in the last month, 25 national disability rights groups have adopted a statement in favor of feeding Terri Schiavo. Surely, it will not be argued that the National Spinal Cord Injury Association, the National Downs Syndrome Congress, the Disability Rights Education and Defense Fund and all the rest, are now or ever have been puppets of religious conservatives. So why have all these groups come forward? Because we don't think guardians should have carte blanche to starve and dehydrate people in guardianship, people with severe brain injury, birth defects and Alzheimers. Many of us had hoped that the appellate courts would come through, uphold the limits on guardians that tens of thousands of people depend on.

Unfortunately, we've been disappointed that the higher courts instead upheld a lower court judge who ignored much of the evidence and, more importantly, ignored constitutional standards for evaluating that evidence. Nor is it reassuring that the press releases, legal briefs, opinion pieces and letters issued by disability groups have pretty much been ignored in the public debate about this case, ignored by both conservatives and liberals. We applaud the Tiger Bay Club for wanting its members to consider the disability perspective.

But why should you care what we think? If you don't buy the pro-life puppets argument, then you might also hear that our concerns are at best misguided, or perhaps even paranoid. Recently, a reporter asked me if someone like me has anything in common with Terri Schiavo. I just turned 50, joined AARP, and I know I might someday get Alzheimers, or have a stroke. Temporarily or long term, any one of us might someday be unable to make and/or communicate our wishes. If you don't have a living will or health care proxy, a guardian will be designated for you by operation of law, like in Terri Schiavo's case, and there's a hierarchy spelled out in state law. It doesn't take into account things like the U.S. Surgeon General's report that the overwhelming majority of elder abuse and neglect is perpetrated by the spouse or adult child, who also happen to be priority statutory guardians. You might also be interested to know that if you don't have any relatives willing or able to be your guardian, then you get a public guardian, employed by the government. And guardianship laws haven't taken into account the financial pressures, and even conflicts of interest, involved with public guardians.

If doctors don't think you're up to making your own decisions, they'll explain your condition, and tell your guardian that he or she is permitted to exercise your right to refuse treatment. This may include refusing a feeding tube if you're not in a condition to feed yourself. When it comes to feeding tubes, I need to point out a few facts. First, they were invented in the 1800's. About a month ago, the NY Times ran an article about how people with dementia were being put on feeding tubes, not because they couldn't eat orally, but because about 20% of folks in nursing homes need help to eat, and there are staffing shortages. And, according to another recent study, people with dementia get put on feeding tubes earlier in their disease process if they're African-American, in an urban setting and in a for-profit nursing home.

People hope that we can always trust the health care system and our guardians, acting in privacy, to do the right thing. Unfortunately, human nature being what it is, sometimes there are mistakes, and sometimes there are conflicts of interest. That's why there are supposed to be standards governing the behavior of doctors and guardians, and sometimes government needs to be involved to enforce those standards and let everyone know that our society doesn't approve of the medical killing of people who didn't ask for it, even if their lives are seen by some as burdensome or meaningless or costly. The constitution requires that a guardian's decision be based on written documentation or other clear and convincing evidence of the person's wishes. The question is, how are those standards working in our health care system and our courts today?

You should think of disabled people as the canaries in the coal mine. We spend a lot of time in the health care system. Twenty-five national disability groups are coming forward because it is our lived experience that, when a surrogate exercises their right to refuse someone else's treatment, the safeguards against mistakes and abuses are not working. Behind closed doors in hospitals, hospices and nursing homes, conscious people with disabilities, old and young, are being deprived of food and water, in the absence of a living will or other clear and convincing evidence that they would choose this for themselves. This is being done based on physicians' predictions and judgments about present and future quality of life, predictions and judgments that numerous research studies prove are scientifically unreliable, negative and inconsistent with the views of people with disabilities ourselves.

Disabled people also know that we can't count on the courts to protect us against a doctor or family member who feels that we would be better off dead or they would be better off without us.

Florida statutes limit a guardian's right to starve a person, but provide an exception if the person is in a persistent vegetative state (PVS). PVS is strictly defined in Florida to mean NO evidence of responsiveness. Medical journals report a 40% misdiagnosis rate for PVS. UCLA neurology professor Michael Wienir is one of many professionals who've publicly stated their opinion that Mrs. Schiavo displayed at least minimal consciousness based on the videos. Judge Greer admitted the experts were divided, but ruled that she's in PVS anyway because her responsive actions were not "consistent" or "reproducible." When he ignored Florida's strict definition of PVS, he violated Terri Schiavo's constitutional right to due process.

There's also conflicting evidence about what Mrs. Schiavo would have wanted if she were considering her situation from the vantage point she had prior to her disability. Basically, the husband's hearsay evidence only came up after he won the big malpractice case, with none of the money going to professional rehabilitation therapy like he said it would. This is not the kind of evidence of her wishes that should be considered to meet constitutional due process standards and that's what the first guardian ad litem reported. Disabled people are not comforted that the court threw out his report and accepted such flimsy and contradicted evidence to justify starvation of a disabled woman who has no terminal disease. But what is really horrible is that the appellate courts upheld these unconstitutional decisions. Until now, courts have said that conflicting evidence and doubts should be resolved on the side of providing food and water, and other ordinary medical care. After all, if the mistake you make is to kill the person, you can't go back and fix it. That's what this case is really about. It's one in a series of food and water cases in which certain people are saying that the risk of error should be reversed to favor death over life, so that people with significant cognitive disabilities can be starved and dehydrated without clear evidence that they themselves would refuse food and water. The leading people that are saying this call themselves bioethicists, mostly physicians and lawyers who write journal articles and speak at conferences, opining about health care rationing and the coming wave of aging baby boomers. But they talk to the press and the public about autonomy and compassion. So why do they want to change the legal standards now? Why make it easier for guardians to refuse food and water on behalf of persons who cannot speak for themselves? In a l983 article, reflecting on the possible outcome of this food and water debate, Daniel Callahan, then director of the prestigious Hastings Center, wrote that "...a denial of nutrition, may, in the long run, become the only effective way to make certain that a large number of biologically tenacious patients actually die." 65 He further predicted, "Given the increasingly large pool of superattennuated, chronically ill, physically marginal elderly, it could well become the nontreatment of choice." [Daniel Callahan, "On Feeding the Dying," Hastings Center Report, October 1983, p. 22.]

The Schiavo case should be seen as a wake up call for all of us. This case is about officially and permanently dismantling the constitutional rights of people who have guardians and giving carte blanche to guardians to starve and dehydrate people who are seen as not worth the effort or expense. Disability rights groups are coming forward to argue that it's time to reestablish constitutional protections against a health care system that's been putting profits before people for far too long. I said that we're the canaries in the coal mine, but there's a problem with that analogy: we don't see people who need guardians as expendable. Maybe you disagree. But at least agree that we deserve an honest public debate before we grant the health care system a virtually unfettered right to kill.

+++

Please everyone - read this thread and help if you can - any ideas?

Smear Campaign

http://tbihome.org/cgi-bin/terri.pl?read=755

I'll be gone the rest of the day.

Love and Hugs, Karen
 

+++

From pc93:

Stephen Nohlgren, who writes about aging and retirement, can be reached at (727) 893-8442 or toll-free, at 1-800-333-7505 ext. 8442. You can write to him in care of the Times at P.O. Box 1121, St. Petersburg, FL 33731, and nohlgren@sptimes.com

+++

Comments:

Judge Greer counted.

"By the court's count, (Hammesfahr) gave 105 commands to Terri Schiavo and, at his direction, Mrs. Schindler gave an additional six commands," Greer wrote. "He asked her 61 questions and Mrs. Schindler ... asked her an additional 11 questions. The court saw few actions that could be considered responsive to either those commands or those questions."
 

Florida Law says PVS is NO cognitve behaviour of ANY kind. Even the Judge acknowledges that she had a few actions that were!

FS765.101 Definitions; (11) "Living will" or "declaration" means: (a) A witnessed document in writing, voluntarily executed by the principal in accordance with s. 765.302; or (b) A witnessed oral statement made by the principal expressing the principal's instructions concerning life-prolonging procedures.

(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment.

That's a) and b). Not or. She is not unconscious and showed a few voluntary or cognitive behaviours according to Judge Greer. That's not the same as NONE of ANY KIND per the statute. In order to KILL her. Oh yeah, to *allow* her to die.

+++

The guest appearance of Robert and Mary Schindler on Larry King Live has been moved to Friday, November 7, 2003.

Mr. King's program is televised on CNN. Please check your local listings for times.

___

From,
Cheryl in Tampa
@ Fight4Terri @ aol.com

Forwarding from Pat Anderson:

We've put it off for a week or so. Bob Sr's blood pressure shot
up....dangerously....and doc has told him to STOP DOING ANYTHING. The stress of watching
a child slowly starve finally got to him.
 
Good thoughts on Bob, please, gang....
 
Pat Anderson

+++

As I see it By Frank Attkisson

Recently, the Florida Legislature became involved with the Terri Schiavo situation. Because of the significance of the case, and as a prime co-sponsor in the Florida House of the resulting bill, I want to share my view and reasoning for my support of the bill.

Initially, most would look at this as a judicial issue and feel that the Legislature should stay out of it. In this case, we must examine the laws that the courts have interpreted to see if we, as Floridians, truly want these laws controlling our families and individuals in the matter of death.

As I looked at the case I saw three troubling issues.

First, an individual having the responsibility for life or death decisions with regard to a family member must be unbiased and without conflict in the process. The allegation of money being left for the surviving spouse in this case shows a potential conflict of interest that should be removed.

Second, it is known that Mr. Schiavo has a fiancée who has been living with him for at least the last 6 years and who will soon bear a second child fathered by him.

What woman would want an individual making life or death decisions when they have to factor in their statutory responsibilities to other children they have fathered during the illness. This at least calls for an independent guardian ad litem to review the situation, which is what this legislation does. What woman would want an adulterous husband who has been living in this situation for the past 6 years making a life or death decision on her behalf? She is not capable of asking for a divorce, much less requesting another guardian.

Third, Florida’s contract law doesn’t allow verbal promises or intent to overcome specific wording of a contract or for an individual to make a verbal statement of his intent to leave assets to an individual; in this case, life is at stake instead of property and our statutes permit oral statements to determine whether someone lives or dies. Yet, in this case we allow a simple statement made following an emotional movie some 15 years ago to be a controlling factor of the individual’s intent and the statement was not even mentioned in the previous law suit when he stated he would care for her until she dies.

Family members must be allowed to make personal decisions concerning their loved ones when their loved ones are not able to make the decisions on their own. We owe it to the individual to ensure that the decision maker is unbiased and free of conflict when he or she must make the call.

The facts raised enough questions that the Legislature felt compelled to act to make sure our most vulnerable citizens have every opportunity to live and have rehabilitation in the absence of a written advanced directive stating their wishes. The life God gives us is precious and governmental laws should never be used to take it in this situation.

Frank Attkisson, R-Kissimmee, is state representative for District 79, which covers portions of Okeechobeee, Orange and Osceola counties.

+++

WASH. D.C. Fax numbers other e-mails, etc. that can be sent to via e-mail:

lockhart@jud6.org; birkholj@flcourts.org; Lgardner@orange-clerk.org; hall@flcourts.org; longt@flcourts.org; rubing@flcourts.org; watersc@flcourts.org; mweinberg@circuit7.org; menendm@jud13.flcourts.org; thompsoe@flcourts.org; jlewis@jud10.flcourts.org; mikemchargue@fdle.state.fl.us; rstiner@co.pinellas.fl.us; napolir@doi.state.fl.us; richard.cheek@dca.state.fl.us; gcary@ca.cjis20.org; ctjurc1@ocnjcc.org; sgarcia@jud11.flcourts.org; CowanG@flcourts.org

remote-printer.john_ashcroft@12025141009.iddd.tpc.int,
remote-printer.NAPAS_Board_of_Directors@12024089520.iddd.tpc.int,
remote-printer.Robert_Bernstein@12022230409.iddd.tpc.int,
remote-printer.John_Wodatch@2023071198.iddd.tpc.int,
remote-printer.Nan_Aron@2028226068.iddd.tpc.int,
remote-printer.dredf_Government_Affairs@2028332116,
jamiemclaughlin@fdle.state.fl.us
, guytunnell@fdle.state.fl.us,
fernanr@eog.state.fl.us,
raquel.rodriguez@myflorida.com,
calamac@eog.state.fl.us,
bob.marshall@trincomm.org,
ag@oag.state.fl.us,
publicaf@co.pinellas.fl.us,
wqueen@pcsonet.com,
sallen@pcsonet.com,
kquire@pcsonet.com,
courts@jud6.org,
pcsointel@pcsonet.com,
AskDOJ@usdoj.gov
alexander.jd.web@flsenate.gov,
argenziano.nancy.web@flsenate.gov,
aronberg.dave.web@flsenate.gov,
atwater.jeffrey.web@flsenate.gov,
bennett.mike.web@flsenate.gov,
bullard.larcenia.web@flsenate.gov,
campbell.walter.web@flsenate.gov,
carlton.lisa.web@flsenate.gov,
clary.charlie.web@flsenate.gov,
constantine.lee.web@flsenate.gov,
cowin.anna.web@flsenate.gov,
crist.victor.web@flsenate.gov,
dawson.mandy.web@flsenate.gov,
portilla.alex.web@flsenate.gov,
dockery.paula.web@flsenate.gov,
fasano.mike.web@flsenate.gov,
garcia.rudy.web@flsenate.gov,
geller.steven.web@flsenate.gov,
haridopolos.mike.web@flsenate.gov,
hill.anthony.web@flsenate.gov,
jones.dennis.web@flsenate.gov,
king.james.web@flsenate.gov,
klein.ron.web@flsenate.gov,
lawson.alfred.web@flsenate.gov,
lee.tom.web@flsenate.gov,
lynn.evelyn.web@flsenate.gov,
margolis.gwen.web@flsenate.gov,
miller.lesley.web@flsenate.gov,
peaden.durell.web@flsenate.gov,
posey.bill.web@flsenate.gov,
pruitt.ken.web@flsenate.gov,
saunders.burt.web@flsenate.gov,
sebesta.jim.web@flsenate.gov,
siplin.gary.web@flsenate.gov,
smith.rod.web@flsenate.gov,
villalobos.alex.web@flsenate.gov,
schultz.debbie.web@flsenate.gov,
wilson.frederica.web@flsenate.gov,
wise.stephen.web@flsenate.gov,me@glennbeck.com,shogenson@cnsnews.com,
hannity@foxnews.com,rush@eibnet.com,foxfeedback@foxnews.com,
dennisprager@dennisprager.com,ruddyc@newsmax.com,
jfarah@worldnetdaily.com,editor.letters@heraldtribune.com,
dklement@bradentonherald.com,letters@sptimes.com,
tribletters@tampatrib.com,Larry.King.Live3@turner.com,
ontherecord@foxnews.com,Alliance@afj.org,info@cpr-ma.org
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campbell.walter.web@flsenate.gov, constantine.lee.web@flsenate.gov, villalobos.alex.web@flsenate.gov, haridopolos.mike.web@flsenate.gov, wilson.frederica.web@flsenate.gov, ryan.tim@myfloridahouse.com, rich.nan@myfloridahouse.com, homan.ed@myfloridahouse.com, planas.jc@myfloridahouse.com, gottlieb.ken@leg.state.fl.us, davis.don@myfloridahouse.com, culp.faye@myfloridahouse.com, allen.bob@myfloridahouse.com, mtp@nbc.com, sansom.ray@myfloridahouse.com, reagan.ron@myfloridahouse.com, paul.jerry@myfloridahouse.com, negron.joe@myfloridahouse.com, mahon.mark@myfloridahouse.com, kyle.bruce@myfloridahouse.com, kilmer.bev@myfloridahouse.com, gelber.dan@myfloridahouse.com, evers.greg@myfloridahouse.com, davis.mike@myfloridahouse.com, bean.aaron@myfloridahouse.com, arza.ralph@myfloridahouse.com, alexander.jd.web@flsenate.gov, bennett.mike.web@flsenate.gov, smith.chris@myfloridahouse.com, seiler.jack@myfloridahouse.com, rubio.marco@myfloridahouse.com, ross.dennis@myfloridahouse.com, pickens.joe@myfloridahouse.com, murzin.dave@myfloridahouse.com, mack.connie@myfloridahouse.com, jordan.stan@myfloridahouse.com, jennings.ed@myfloridahouse.com, hasner.adam@myfloridahouse.com, gibson.hugh@myfloridahouse.com, garcia.rene@myfloridahouse.com, gannon.anne@myfloridahouse.com, domino.carl@myfloridahouse.com, speakerbyrd@myfloridahouse.com, bowen.marty@myfloridahouse.com, bense.allan@myfloridahouse.com, baker.carey@myfloridahouse.com, altman.thad@myfloridahouse.com, aronberg.dave.web@flsenate.gov, vana.shelley@myfloridahouse.com, stargel.john@myfloridahouse.com, sorensen.ken@myfloridahouse.com, russell.dave@myfloridahouse.com, rivera.david@myfloridahouse.com, ritter.stacy@myfloridahouse.com, prieguez.manuel@leg.state.fl.us, mealor.david@myfloridahouse.com, meadows.matt@myfloridahouse.com, kravitz.dick@myfloridahouse.com, holloway.tee@myfloridahouse.com, harper.james@myfloridahouse.com, green.carole@myfloridahouse.com, galvano.bill@myfloridahouse.com, fields.terry@myfloridahouse.com, farkas.frank@myfloridahouse.com, detert.nancy@myfloridahouse.com, dean.charles@myfloridahouse.com, cusack.joyce@myfloridahouse.com, cretul.larry@myfloridahouse.com, clarke.donna@myfloridahouse.com, bucher.susan@myfloridahouse.com, brummer.fred@myfloridahouse.com, brown.donald@myfloridahouse.com, berfield.kim@myfloridahouse.com, benson.holly@myfloridahouse.com, antone.bruce@myfloridahouse.com, anderson.tom@myfloridahouse.com, ambler.kevin@myfloridahouse.com, waters.leslie@myfloridahouse.com, spratt.joseph@myfloridahouse.com, sobel.eleanor@myfloridahouse.com, simmons.david@myfloridahouse.com, robaina.julio@myfloridahouse.com, quinones.john@myfloridahouse.com, POPPELL.RALPH@myfloridahouse.com, patterson.pat@myfloridahouse.com, murman.sandra@myfloridahouse.com, mayfield.stan@myfloridahouse.com, kottkamp.jeff@myfloridahouse.com, kallinger.jim@myfloridahouse.com, kendrick.will@myfloridahouse.com, johnson.randy@myfloridahouse.com, henriquez.bob@myfloridahouse.com, harrell.gayle@myfloridahouse.com, audrey.gibson@myfloridahouse.com, gardiner.andy@myfloridahouse.com, bilirakis.gus@myfloridahouse.com, baxley.dennis@myfloridahouse.com, atwater.jeffrey.web@flsenate.gov, stansel.dwight@myfloridahouse.com, roberson.yolly@myfloridahouse.com, peterman.frank@myfloridahouse.com, mcinvale.sheri@myfloridahouse.com, machek.richard@myfloridahouse.com, kosmas.suzanne@myfloridahouse.com, greenstein.ron@myfloridahouse.com, cantens.gaston@myfloridahouse.com, bullard.edward@myfloridahouse.com, brutus.phillip@myfloridahouse.com, ausley.loranne@myfloridahouse.com, argenziano.nancy.web@flsenate.gov, bullard.larcenia.web@flsenate.gov, troutman.baxter@myfloridahouse.com, slosberg.irving@myfloridahouse.com, needelman.mitch@myfloridahouse.com, littlefield.ken@myfloridahouse.com, justice.charlie@myfloridahouse.com, joyner.arthenia@myfloridahouse.com, attkisson.frank@myfloridahouse.com, llorente.marcelo@myfloridahouse.com, goodlette.dudley@myfloridahouse.com, carroll.jennifer@myfloridahouse.com, brandenburg.mary@myfloridahouse.com, barreiro.gustavo@myfloridahouse.com, richardson.curtis@myfloridahouse.com, harrington.lindsay@myfloridahouse.com, fiorentino.heather@myfloridahouse.com,
mindingall.dorothy@myfloridahouse.com

+++

Tuesday, November 4, 2003 1:31 AM

Please see the ongoing daily discussion on tbihome.org, at http://www.tbihome.org and the discussion page on Terri Schiavo, at: http://tbihome.org/cgi-bin/terri.pl

People who post there are survivors of brain injuries and caregivers to persons who have survived brain injuries. You can see many countless testimonials by our members of their fights to survive, to gain rehabilitation and tolerance and acceptance within our society, difficulties in gaining medical treatment and overcoming obstacles of medical "providers" who themselves do not comprehend the complexities of acquired brain injury and recovery efforts.

You can see many fascinating and poignant stories in the Stories, Homepages and artwork Galleries by our supposedly "brain-damaged" members. The word "brain-damaged" is totally the incorrect word. Unfortunately, it is used every hour by all the uninformed media: The correct terminology and concept is that the individual is a person *first* -- living with a brain injury. The correct term is not "damaged" as in damaged goods or trash).

Thank you for this wonderful and informative blog.

-- Persons from tbihome.org, also known as TBI Chat:

http://www.tbihome.org -- A Place to Share ~ For All Brain Injuries ~

+++

Thank you for posting this, we have family members who have had brain damage, my husband's niece was in a car accident several yrs ago and was in a coma & on full life support- Drs wanted her parents to "let her go" they took her to Barrows Institute in Phx and she came out of coma and was very much like Terri, she had all sorts of rehab and came right back- she was in high school when it happened and has since finished high school and jr college and is very much rehabilitated, no one can tell she was ever in that condition. I have a cousin who was in a car accident in the 1960's, she was in a coma for a long time, then much like Terri after she came out of it, my aunt took her home and did rehab on her herself. Very little help from Drs, they all said she would be a vegetable.(just hate that word for a person!) She has some memory problems and has always had a real hard time learning new things- but if you met her and did not know- you would think she is 100%. I have a grandson, 16 who survived a near drowning at age 2, he was in the same shape as Terri for 10 years, they had pretty much stopped rehab as hopeless- except exercises for muscles (that is more than poor Terri gets) anyway Drs had suggested to my daughter-in-law several times to let him go. 3 years ago he started making progress, he learned to interact more, and more movements, learning to play with toys & crawl like an infant. He is now in school for handicapped children. He is still making slow progress and the last brain scan they did on him shows his brain looks like a normal person- the Dr said from his recent brain scans you would not think there was anything wrong with him!!! Earlier scans taken after it happened showed a lot of damage. I have alot of proof in my family that the Drs don't always know what they are talking about!! The brain is still a big mystery to them, but most don't want to admit it!!

+++

Date: Sat, 1 Nov 2003
Subject: Prayer vigil resumes for Terri

Beginning tonight, supporters will resume the vigil held outside the hospice where Terri was transferred in 2000 and light candles at dusk Friday, Saturday, and Sunday evenings every week.

The hospice is located at 6774 102nd Avenue North in Pinellas Park, Fla.

May God bless you all, Lisa

+++

Subj: Update on Terri - Evening Prayer Vigils To Resume [ and other information ]
Date: 11/2/03 12:36:55 AM Central Standard Time
From: < omitted by Republic >
To: < omitted by Republic >
Sent from the Internet (Details)
 

From Friends of Terri.

Evening Prayer Vigils To Resume

As you know, Mr. Schindler profoundly believes that as a result of your prayers, Terri is still with us today.

Currently, legal proceedings have begun for Mr. and Mrs. Schindlers' fight for guardianship of Terri.

[{interruption-OK FREEPERS---this is where we come in....aside from the #1 importance of deep prayer....WE CAN FLOOD the judges and Felos with what we know...we can cause them to consider the CONSEQUENCES of their actions by letting them know WHAT WE KNOW! NO MORE SECRECY! NO MORE TRASHING OF TERRI's RIGHTS IN THE SECRET, seemingly SECURE LITTLE INCESTUOUS CONCLAVE OF PINELLAS COUNTY!]

In addition, the Schindlers are fighting Attorney George Felos' attempt to challenge the constitutionality of Terri's Law.

The American Center for Law and Justice is joining the Schindler family and their local attorney in this regard and wish to uphold Terri's Law. We are very encouraged by this!

[NOTE!]-- -->Many calls have been received by the public asking, "What is going on now?" and "What can we do?"

Prayer is the most powerful weapon we have in the battle for Terri's life.

Please continue to pray, and if you are able, visit the site of the vigil once again.

Many of us are peacefully lighting candles at dusk Friday, Saturday, and Sunday evenings each week to pray for both Terri's healing and for her protection. This prayer has given this fight for Terri's life the momentum it gravely needed.

We are asking for your perpetual support.

Please tell all your friends, church members, prayer groups, sports teams, class mates, and families that we need your help.

Terri cannot speak for herself yet and it seems that the siege is just beginning after thirteen long years.

The location of the hospice vigils is 6774 102nd Avenue North, Pinellas Park, Florida.

Mr. and Mrs. Schindler will be on Larry King next Thursday.

We don't believe the official release has been given on this, but stay tuned for further updates.

This is the best information we have at this point.

On behalf of Terri and her family, thank you and God bless you.

Many blessings,
Friends of Terri

-------------------------------------------------------

NOTE!----->]MEDIA ALERT-- there will be interviews on Montel and Oprah but I don't have the dates yet.

------------------------------------------------------

[NOTE!------>]ABOUT TERRI-- Mary says Terri has gained back all the weight she lost during that disastrous week! Wonderful news.

+++

picture worth a thousand words
From
cyn | 11/04/2003 6:53 PM PST read
 

It is crucial for people to come face-to-face with Terri as she really is -- NOT in a coma, NOT on life support. When people understand that, they want her to go home with her mother, Michael to get on with his life.

On Fri LKL appearance the Schindlers should have that 1990 photo of Terri & Michael. It closely resembles the image of Terri w/her mother, and it darn sure didn't take 4 hrs for the photographer to do it. People see Terri as person, Michael is the one who has changed, he should feel free to get on with his new life, let Terri get on w/her new life.

Also -- photos of Terri in wheelchair
http://images4.fotki.com/v43/photos/3/34576/161282/Terri-vi.jpg -- people have seen that video loop of her w/Michael; they need to learn Fri WHY she's not still going out in the wheelchair!

Terri cannot remain that dehumanized "pitiful person on the deathbed" image people have.

Photo =
http://www.sptimes.com/News/012500/photos/tb-terri-head.jpg
I'll also ping you to it on the thread.
-- cyn/cynic#456,789

+++

DISABILITY ADVOCACY ORGANIZATIONS VOICE SUPPORT
FOR TERRI SCHINDLER-SCHIAVO
Florida Woman's Case Could Impact Millions with Disabilities
October 29, 2003


Contact: Mariana V. Nork
202-458-0046

Washington, DC - The American Association of People with Disabilities (AAPD), the nation's largest cross-disability membership organization, whose mission is the political and economic empowerment of all people living with disabilities in the U.S., today expressed strong support for Terri Schindler-Schiavo, a Florida woman with severe brain injuries who has been at the center of an emotional human rights debate for several weeks. We believe that decisions involving the refusal of a medical treatment, or nutrition and hydration, when such refusal will result in the death of the individual, which has been the case with Ms. Schiavo, must be severely limited.

We are joined in this statement by UCP (United Cerebral Palsy) and the The Arc of the United States.

The statement of support is as follows:

AAPD is making this statement in support of Terri Schindler-Schiavo and her human and civil rights. We come together for everyone who will be touched by disability in their lifetime and call on the general public to join with us in ensuring that Terri Schindler-Schiavo and others like her enjoy nothing less than the full advantage of all human and civil rights.

First and foremost, we assert that the courts, the political system and the general public must not allow public policy to develop that will de-value any individual, no matter what the extent of that individual's disability or incapacity. Correspondingly, the provision of medical treatment must always be non-discriminatory and never denied, delayed or withheld due to the existence of a disability. Treating people differently based on health or disability status violates their basic human and civil rights.

When an individual is unable to give informed consent, to make her/his own decisions to accept or refuse medical treatment, and when there is no advance directive stating the individual's preferences, it may be appropriate that the individual has a legal surrogate decision-maker such as a guardian. In such instances, it is of utmost importance that decisions made by the surrogate always be consistent with the best interests of the individual.

Decisions involving the refusal of a medical treatment, or nutrition and hydration, when such refusal will result in the death of the individual, must be severely limited. We wish to state clearly the very narrow parameters that we believe a surrogate decision-maker, such as Mr. Schiavo in his capacity as Ms. Schiavo's legal guardian, must honor when making decisions about Ms. Schiavo's medical treatment that will affect her very existence. Specifically, the authority to withdraw nutrition, hydration or medical treatment should be confined to those situations in which an condition is terminal, death is imminent and any continuation or provision of treatment, nutrition and/or hydration would only serve to prolong dying.

Terri Schindler-Schiavo is often said to be in a "persistent vegetative state." Whether or not this is the case, no one other than Ms. Schiavo, not even a guardian, has the right to make assumptions about the quality of her life. Nor do they have the right to make presumptions about the future of medical advances that might change that condition.

The need for limits on the powers of surrogate decision makers is nowhere clearer than on questions as fundamental as life or death, because the consequences of abuse or misjudgment are both ultimate and irreversible.

As advocates for all Americans with disabilities and their families, we stand with Terri Schindler-Schiavo to protect her civil and human rights as a living American.

_

The American Association of People with Disabilities (AAPD), the country's largest cross-disability membership organization, promotes the economic and political empowerment of all 56 million children and adults with disabilities in the U.S. It was founded in 1995 to help unite the diverse community of people with disabilities, including their family, friends and supporters, and to be a national voice for change in implementing the goals of the Americans with Disabilities Act (ADA). AAPD members have access to a full range of financial services through a federal credit union, a discounted mail order prescription program, and a quarterly AAPD newsletter. For additional member benefits, or to learn more about AAPD's advocacy efforts and major program areas, visit the AAPD web site. http://www.aapd-dc.org

+++

Life, Death, & Silence

Why The Media Elites Won't Tell The Full Story On
Terri's Prognosis And Michael Schiavo.

by Wesley J. Smith

http://www.weeklystandard.com/Content/Public/Articles/000/000/003/329sghqk.asp

+++

The Interview That Wasn't

Michael Schiavo got the usual Larry King softballs. Here are the questions King should have asked.

by Wesley J. Smith

10/28/2003 9:00:00 AM

MICHAEL SCHIAVO, Terri Schiavo's husband, finally went on national television last night to tell the world his side of the story. Appearing on "Larry King Live," he strived mightily to play the loving husband. Until more than half way through the interview, when King got around to tentatively asking Schiavo whether or not it is true that he has a girlfriend. (King, who must have known the answer, somehow failed to mention that Schiavo has already sired two children with this woman, who he calls his fiancé.)

The loving husband answered, "I'm lucky. I have two great women to love." He then paused to take a swipe at Terri's mom, "My girlfriend has done more for Terri than her own mother." Asked what that might be, Schiavo answered, "She washed her clothes."

THAT EXCHANGE should have opened the door to some very interesting conversation. King could have asked Schiavo if he is raising children with another woman--a matter finally brought up by a caller near the end of the show--why he should continue to have any say over Terri's care, given that the sanctity of the marriage vows he took are no longer operable. King didn't, of course, which is precisely the reason why people in the center of heated public controversies like to go on his show.

There are a number of questions King should have asked Schiavo:

(1) Why did Schiavo tell a medical malpractice jury in 1992 that Terri would live a normal life span? After Terri's collapse, Schiavo sued for medical malpractice. Under civil law, the longer Terri was expected to live, the larger the verdict would probably be. This fact of legal life could explain why Michael presented evidence to the malpractice jury not only that Terri would likely live a normal life span but also that he intended to be a good and loyal husband and care for her for the rest of his life.

(2) Why did Schiavo have a rehabilitation expert testify in front of the malpractice jury to present a detailed plan of therapy for Terri? Schiavo and his lawyer claimed that Terri is incapable of improving physically, but during the 1992 trial, a rehabilitation plan and its anticipated undertaking provided one of the underpinnings for the jury's $1.3 million award. Of that money, Schiavo received $300,000, lawyers' fees were paid, and about $750,000 was put in trust to pay for Terri's rehabilitation.

(3) Given that the jury awarded $750,000 to be used in part for Terri's therapy, why hasn't Schiavo provided any rehabilitation for her since 1991? When asked by King about the issue of rehab, Schiavo described some early efforts to help Terri, such as an experimental surgery in 1990. But he never identified when this rehab took place.

Which is an important point. The only efforts ever undertaken to improve Terri's condition took place in 1990 and 1991. They had ceased by the time of the malpractice trial in 1992 because her insurance coverage had run out. Indeed, the pressing need to restart therapy was an urgent part of the malpractice case. It could have--and should have--paid to restart the rehabilitation that had been abandoned due to lack of funds.

Once Terri's $750,000 was in the bank, however, Schiavo would not approve a single cent of it to be spent on rehabilitation. Not only that, but once the money was in the bank, Schiavo ordered a "do not resuscitate" order placed on Terri's chart so that if she had a cardiac event, the doctors would not attempt to save her. And within a few months of the money being deposited, Schiavo also refused to permit curative treatments, such as antibiotics for infections. If Terri had died during the early or mid-1990s, as Schiavo's orders were designed, he would have inherited somewhere around $700,000.

The issue of Terri's money did come up several times during last night's interview. Schiavo assured King he isn't in it for the money because there is only about $50,000 left in Terri's estate.

(4) Is it true that Terri's money has paid for attorneys to make her dead, instead of therapists to make her better? The answer is, unquestionably, yes. According to court records, George Felos, the dutiful "right to die" attorney who sat at Schiavo's side on King's show, has been paid over $350,000 from Terri's trust fund. Another of Schiavo's attorneys, Debra Bushnell, has received about $90,000. These two lawyers alone have received more than half of Terri's entire trust.

According to court records, when Schiavo began his quest to pull Terri's feeding tube in 1998, she had more than $700,000 in the bank. This was primarily because Schiavo generally refused to authorize payments for any nursing home services on Terri's behalf beyond the basics of room and board. Thus, only about $50,000 was paid on her behalf in the five years following the jury verdict. Since 1998, about $650,000 (not taking into account any earnings from the fund) has gone out--not for therapy, but primarily for lawyers.

And yet on "Larry King" Schiavo went so far as to suggest that Bob Schindler, Terri's father, is fighting to save Terri's life because he wants her money.

(5) So how could Terri's father make any money off the case? Schiavo's story is that once Schindler became Terri's guardian, he would get her a divorce, and then he would stop her food and fluids. The alleged point of such a scheme being that as next of kin, the Schindlers would inherit their daughter's money.

This sounds like a mighty stretch, particularly given that Bob Schindler has spent every nickel he has--including his entire retirement fund--desperately trying to save his daughter's life. If Bob Schindler is a venal man, he has a funny way of showing it.

Schiavo told King that his falling out with his father-in-law occurred in February 1993, when Schindler demanded a share of the proceeds in Terri's trust fund. But Schindler and his wife Mary tell a different story. They claim that the argument was over their insistence that the long-suspended rehabilitation recommence, since there was finally money available to pay for it. They contend that the breach of relationship occurred because Schiavo refused. The behavior of both parties since seems much more consistent with this story than with Schiavo's version of events.

Too bad Larry King didn't ask.

Wesley J. Smith is a senior fellow at the Discovery Institute and an attorney and consultant for the International Task Force on Euthanasia and Assisted Suicide. He is the author of Forced Exit: The Slippery Slope from Assisted Suicide to Legalized Murder."

+++

Fr. Rob Johansen's Daily Blog Report

Having Your Cake And Eating It

I think it's been pretty clear to most of my readers that I don't think much of Michael Schiavo. I find his story about Terri's "wish" to not be kept alive incredible, I find his efforts to portray himself as the caring husband unbelievable, and his attempt to portray Bob & Mary Schindler as the villains of the conflict contemptible. Furthermore, if, as I suspect, it was his actions which put Terri in her current state, his behavior would have been despicable.

These sentiments, as they have found their way into my writing about Terri, have prompted some to accuse me of "hating" Michael or of being uncharitable towards him. This, of course, is false. I don't hate Michael: I think he is pursuing an evil course of action against an innocent third person, and as such, it is my duty, and that of every other decent person, to try to stop him. If he relented from his relentless pursuit of Terri's death I'd be perfectly content to let him go about his life and never utter another word about him.

But I am not, in charity, obliged to pretend his actions and stated intentions are somehow less evil than they are, or to make believe that whatever good Michael might do in other spheres of his life somehow makes up for or negates the evil he is inflicting on Terri. That is, it would be silly for me to say, "Michael is nice to the child he had by his girlfriend, so he must be a decent guy, and he must have a point in wanting Terri dead." It is not charity to ignore or make light of evil actions or designs, especially when they involve the life of an innocent person.

Which brings me to my point. After reading today's article"The Guardian", by Wesley J. Smith, I realize now what it is about Michael's actions and statements that I find so reprehensible: It is that Michael is trying to have it both ways. He is trying to have his cake and eat it too.

The Schindlers have not made their allegations of abuse (which are founded on medical evidence), or disputed Michael's claim to be acting upon Terri's wishes out of some desire to hurt him. They have not challenged his self-touted image as the caring husband because they have some ill-will toward him. They're doing so, and I have taken up their cause, because his claims and image are false.

It was Michael who went to the court and, in effect, said, "my wife told me she didn't want to live like this, so please let me kill her." It was Michael who claimed that he was acting out of his love towards Terri. It was Michael who went on Larry King Live and tried to convince us that he was the caring and long-suffering husband.

And, as the Schindlers told me last week, they find his claims to be false and his pose as the loving husband to be unbelievable. I was convinced of that by what the Schindlers told me, what I read in court documents and medical testimony, and by Michael's own performance on Larry King.

The Schindlers told me that the first court-appointed guardian ad litem, Richard Pearse, found Michael to be incredible. Now, as Smith's article makes clear, Pearse's report and recommendations substantially support Bob & Mary Schindlers' statements to me:

Bob & Mary told me that Michael withheld treatment from Terri for an infection. The treatment consisted of a routine course of antibiotics. Mr. Pearse found that "Early in 1994, for example, he refused to consent to treat an infection from which the ward was then suffering and ordered that she not be resuscitated in the event of cardiac arrest.
"

Furthermore, the Schindlers, in their account of the initial dispute that caused their estrangement, said that it became clear to them at that point that Michael didn't intend to follow through on his promises to seek rehabilitation for Terri. Mr. Pearse saw it the same way. Smith wrote:
 

Pearse confirmed the charge by the Schindlers that once the medical malpractice money was in the bank, Schiavo began to refuse medical treatment for Terri, writing:

After February 1993, Mr. Schiavo's attitude concerning treatment for the ward apparently changed.

And there were signs that that attitude had changed even earlier, as Mr. Pearse reported that Michael "admitted to the guardian ad litem that he had at least "two romantic involvements" after Terri's collapse. " Pearse concluded:
 

"It is apparent to me," Pearse wrote the court, "that he has reached a point that he has no hope of the ward's recovery and wants to get on with his own life." Smith adds: To say the least. At the time of Pearse's investigation, Schiavo was already living with the woman who would become the mother of his children.

Michael has proclaimed repeatedly his love for Terri. But men who love their wives stick by them, even when they are sick, disabled, or debilitated. Men who love their wives seek to have them treated if they are sick or disabled. They don't deny treatment in spite of doctor's urgings. And if love isn't sufficient or it is crushed under the weight of grief or despair, then duty and honor would urge any decent man to stay the course. As Mary Schindler once said to me, "if Michael loves her so much he could start by keeping his vows to her."

Michael is trying to have it both ways: he is seeks to exercise the prerogatives of a husband, when in fact he has not lived up to the responsibilities of a husband. He seeks the moral standing that a husband would have vis-a-vis his wife, but he has constructively not lived as Terri's husband since before he began his efforts to bring about her death.

When Michael took his vows to Terri, he committed himself to bear the burdens of marriage as well as enjoy its benefits. If he won't fulfill the one, he has no moral basis on which to enjoy the other. He can't have it both ways.

Mr. Pearse, as I wrote in my interview with the Schindlers last week, found that Michael's claim that Terri wouldn't want to live in her condition wasn't credible, saying:
 

his credibility is necessarily adversely affected by the obvious financial benefit to him of being the ward's sole heir at law in the event of her death while still married to him. Her death also permits him to get on with his own life.

The portrait of Michael that emerges from the Pearse report could hardly be at greater variance from his own representations. Upon scrutiny, his claims crumble into dust. He wants to be trusted as a loving husband, but we see a man who threw aside his marriage vows a long time ago. He wants us to believe that he has her best interests at heart, but he refused her routine treatment for illnesses having nothing to do with her primary disability. He wants us to believe that he is trying to live up to a promise he made to Terri, but he is revealed to have broken promises that he made repeatedly before he got the money in his hands.

He can't have it both ways.

+++

Promotional freebie to help Terri

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I have made a simple flyer/poster for distribution to help Terri. Might make a few more in various forms if people are interested. I think these might come in handy in helping people to know the truth before Larry King Live and also to generate more publicity before the show. You may distribute them any way you wish, far and wide, absolutely free. Give your paper boy a few bucks to have him/her hit every house. Hit your church parking lot, supermarket parking lot, your neighborhood apt buildings mailbox. Street lamp posts, etc, etc. You know the routine.

The file is in Microsoft Word format which is pretty common. Since I am unable to upload the flyer here, then just email me with the subject line "Terri's flyer" at giveterriachance@yahoo.com

I will check my mail box a few times a day to get the flyer to you ASAP. You will not get spam from me. I love my privacy too.

In the meantime, a friend of mine has made a simple sign with only Terri's website address on it, put on the front lawn, and got great response from neighbors. Lots of ways to be creative without major expense.

Mike

+++

Action Item

Here is something we can do.

Adult Protective Services, which is where abuse is reported, has received numerous complaints filed by many people regarding Terri and nothing was done. We need to call them and insist the reports be looked into.

You can call the hotline - 1-800-962-2873 or during the day, the local offices,

1-727-518-3255 or 1-727-588-7051.

You can either demand they investigate guardianship violations and abuse and neglect by Michael Schiavo, guardian for his disabled wife Theresa Schindler-Schiavo or, if you want to elaborate, mention the abuses of the guardianship regulations listed below.

These statute violations have been on record in state court guardianship actions in front of Judge Greer for months and months if not years.

Governor Jeb Bush submitted an Amicus Brief in support of the case before the Federal Court that abuse and neglect of Terri, a disabled woman, has violated her Civil and Constitutional rights.

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MICHAEL SCHIAVO HAS VIOLATED over a dozen Florida Statutes while acting as Terri's legal guardian. The following encompass some of the infractions; (in no particular order)

Ordered the dehydration and starvation of Terri Schindler Schiavo

Ignored Governor Bush's Executive Order to immediately stay withholding of nutrition and hydration from Terri and "immediately provide nutrition and hydration to Theresa Schiavo"...

Ordered that a DNR (do not resuscitate) order be placed in her record

Adultery

Fathering a child out-of-wedlock

Breach of Fiduciary Duty

Had not taken mandatory guardianship classes until of late

Has not filed guardianship plan with court for past 3 years - last one filed listed "nothing" under plan of action for Terri's care

Moved Terri to Hospice without court approval or knowledge and without 2 physicians diagnosing Terri as "terminal"

Medical and nursing care abuse and neglect

Denied and obstructed provisions for meeting physical, emotional, psycho/social spiritual and rehabilitative needs

Has not had Rehabilitative Therapy since l991

Denied or severely restricted Terri's parents, brother and sister from visiting and having normal interaction and relationships with Terri as well as other family and friends

On two occasions ordered caretakers not to treat Terri for potentially fatal infections

Consistently withheld medical information and data from Terri's family which violated a specific court order of l996

Has used her medical fund money from malpractice suit (1 million dollars) to pay his lawyer

Neglected to inquire about or act to seek care when a bone scan revealed lumbar spine compression fracture , other fractures and apparent traumatic injuries

Stopped Monsignor Thaddeus Malanowski from giving Terri Holy Communion//Viaticum when she was being dehydrated and starved

Guardian Ad Litem report of Richard Pearse in l998 was ignored or rejected

Medicare payment for Terri for a period of time at hospice

Bill at Hospice remains unpaid

Terri's SSDI is being used by Husband

+++

Sent: Sunday, November 02, 2003 3:25 AM

Subject: Re: Fw: [helpterri] Concern about Dr H - from another group

Dr. Hammesfahr has paid a huge price for volunteering literally hundreds of hours in the effort to help Terri.

George Felos, Michael's attorney, urged the Board of Medicine to dredge up some old complaints about him (and I do mean old) and start their administrative process. He was found not guilty on ALL of the medical issues (the administrative law judge, indeed, found his vasodilator treatment to be effective in the treatment of stroke, e.g.), but found him guilty on one count of a fee dispute with a patient.

The patient had paid the non-refundable fee for a five-day course of treatment, attended four days, did not attend the fifth day, and demanded ALL of her money back, even though she had received the benefit of 80% of the treatment regimen, in terms of time. (I don't know why she didn't go back for the fifth day's treatment.) Dr. Hammesfahr, unwisely, refused. The Board said he should have refunded the pro-rated fee for one day's treatment. This amounted to $500.

For this infraction, the Board lowered the boom. Florida is especially unfriendly to innovative medicine, and there is no question that his vasodilation therapy is innovative. (Although I have learned in the course of the Schiavo case that no less a presence than the Cleveland Clinic uses vasodilators in the treatment of migraines, as opposed to vasoconstrictors, and has done so for years.) Dr. Hammesfahr was ordered to pay about $55,000 in the Board's attorney's fees, community service, as well as to cease practicing medicine until he meets with the Probation Committee of the Board. The Probation Committee, so far, has found it inconvenient to meet with him, thus effectively suspending his license indefinitely.

The mention of the Nobel nomination in the e-mail is telling, as to Felos' involvement in this little vendetta. This is one of Felos' favorite arguments, and he tried, without skill or luck, to make his point last October during the evidentiary hearing. Congressman Bilirakis, who represents the north Clearwater area in the US House, nominated Dr. Hammesfahr for the Nobel Prize in Medicine and Physiology in 1998, I believe. The letter of nomination is readily available. The Karolinska Institut, which awards the Nobel prizes, never confirms nominees, only the winners. On this basis - and in spite of the Bilirakis nominating letter - Felos disputes that Hammesfahr was a nominee.

In any event, Judge Greer was ruling against the Schindlers long before Dr. Hammesfahr offered his expertise in the spring of 2001 in the effort to save Terri. In fact, he came forward as a result of the publicity surrounding her first near-death experience in April of that year, at the urging of his own staff.

I don't know where this e-mail was posted, but you have my permission to post this e-mail to you on that message board and to otherwise disseminate this information. Dr. Hammesfahr is a compassionate and skilled physician, who has been wickedly attacked for simply coming forward to help. He is a graduate of the medical school at Northwestern University in Chicago and did his internship and residencies at the Medical College of Virginia. A slacker he is not.

Having seen his vasodilation therapy work on my own elderly father, I am of the belief that he WILL win the Nobel one day....probably when he's 75 years old!

Pat Anderson

Schindler family attorney

+++

Try reading the decisions of the Second District Court of Appeal- all four of them.

One of the major misconceptions about the appeals-court system in this country is that it serves as a backup fact-finder. It does not. If a trial court declares something to be true, even if that finding is contradicted by 99.44% of the available evidence, an appeals court will almost never go against that finding of fact. If there is evidence that was not properly considered, an appeals court may direct a trial court to consider the appropriate evidence, but if the trial court judge claims to have done so, the appeals court will not challenge his judgement.

In the cases related to Terri Schindler Schiavo, there are at least two findings of fact which the trial court made which defy common sense. Unfortunately, trial court findings of fact which are 'procedurally correct' cannot be challenged on the basis of being just plain wrong. Since Judge George Greer has been the only finder of fact in these cases, his blindness (literal and figurative) renders the appeals court system useless.

First dubious finding of fact: that Michael Schiavo's contradictory hearsay testimony constitutes "clear and compelling" evidence that Terri wishes to be starved to death in her current situation. The "clear and compelling" standard is the same standard applied in criminal cases when juries are instructed to find a defendant guilty "beyond a reasonable doubt". Judge Greer may not see any room for doubt, but it seems pretty clear to me that there's lots of room for doubt:

  • Michael could be lying, as it would be in his best interest to do so.
  • Michael could simply be misremembering things, since at least eight years had elapsed between Terri's alleged remarks and Michael's recollection of them, especially since the remarks would not have been noteworthy at the time they were made.
  • Michael's two relatives who corroborated his statement would have had even less reason to remember it than Michael himself. Whether they are lying or merely mistaken, I would not expect anyone's memory of an apparently-unremarkable event eight years in the past to be reliable.
  • One of Terri's relatives (brother I think) claims to have heard Terri's remark, and claims that she said something very different from what Michael et al. claim. If, as he recalls, the remark was confrontational that would have made it more memorable for him.
  • Even if Terri had said the things she's alleged to have said (and that's hardly a given), that would still not prove that she made such statements with the intention that they result in her being starved and dehydrated. If someone sees a homeless person and says "I'd never want to live like that", that doesn't mean the person would want to be killed if he lost his home.

An appellate court may not be allowed to question Greer's judgement, but it sure looks to me as though he's willfully ignoring lots sound reasons for doubt. As outrageous as his findings of fact there are, however, he's made another that's even more outrageous: he has declared that there exists no potential conflict between Michael's interests and Terri’s. This after Michael's lawyer asked Greer to dismiss a guardian ad litem who sought to point out that such conflicts clearly existed.

Here again, the appeals court merely notes that since Judge Greer didn't find there to be a potential conflict of interest, he must have had a good reason for so finding. Never mind that:

  • Michael is living with a woman whom he calls his "fiancee" and by whom he has fathered two children, but whom he cannot marry unless or until Terri dies.
  • Michael stands to inherit a trust fund upon Terri's death.
  • Terri's death avoids the possibilities of a trust-fund audit by a future guardian, and of Michael's having to pay alimony in the event that a future guardian seeks (and gets) a divorce for Terri.
  • Michael is actively working to get Terri put to death.
  • Felos, the attorney who claims to be representing Terri's interest, has been taking money which was supposed to fund her therapy, and has instead accepted such money to try to get her put to death.
  • Felos is working on a book about this case, and has his own reasons for wanting Terri dead.

One might reasonably argue whether such facts demonstrate sufficient conflict-of-interest to absolutely disqualify Michael Schiavo as a guardian. On the other hand, to suggest that there isn't even a potential conflict of interest sufficient to justify appointing a guardian ad litem is absurd. Note that the court wouldn't have to find any wrongdoing to require a guardian ad litem in a case like this; the potential alone is sufficient to mandate that a guardian ad litem be appointed to ensure that Michael is acting reasonably as guardian. Of course, the fact that such a guardian ad litem would find Michael's actions very unreasonable is probably the reason Terri has gone for years without one.

Yes, Terri's case has gone through lots of appeals. But since the appeals courts are effectively forbidden from examining the key facts of the case and are instead bound by Judge Greer's findings, it really doesn't matter. Fundamentally in this case Judge Greer has made findings of "fact" which go against the clear letter and spirit of existing statutes, and so the legislature and governor have acted to try to have the law carried out in the manner they intended and directed in the first place.

11/03/2003 6:25 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)

+++

I point out as well that the ONLY people who say Terri Schiavo allegedly made these now death hinging statements are:
   Michael Schiavo - husband
   Joan Schiavo  - sister-in-law
   Scott Schiavo  - brother
It should be noted that Michael's own mother disagreed with his alleges, and was troubled by his actions. Her death was never investigated. 

A Bucks County, Pennsylvania newspaper on July 2, 1997, reported Michael's mother's death, "survived by Michael and fiancee' Jodi" Centonze. There's no mention of his WIFE Terri. 
FACTS:
1  Marriage rocky, divorce being considered by Terri per her girlfriend, colleagues and brother.
2  Still uninvestigated cause of Terri's injury of 1990. What happened?
3  Made a research project out of her in 1991 with experimental electrodes (still in head and possibly injuring her now) without obtaining extraordinary authority as require by FS744.3725 to effect Fs744.3215(4).
4  Stopped rehab in July 1991 at Mediplex Bradenton when Terri started speaking more and clearer words opting for long term palliative care, against the diagnosis and suggested treatment of her doctors.
5  Filed $20M malpractice suit in late 1991
6  Ended Terri's major medical insurance by making agreement for approx. 15cent on the dollar lump sum payout of the policy without prior permission or review of the court.
7  Made video of how much he cared, loved and valued his marriage vows, and all that he did for Terri and how much money it would take to care and rehab his wife, to win over the JURY.
8  Received JURY award Jan 1993 that resulted in a net guardianship fund balance of approx. $775K which remained until Nov 1998 when attorney Felos and others started hitting it hard.
9  About 3 months later in 1993 Michael refused to treat a life threatening infection; the facility treated.
He tried again several months later as was taken to court in which he testified he knew that she would die if not treated and said that he guessed because of some law he would be able to "do it" that way.

This is PERJURY . This is INSURANCE FRAUD. This admitted under oath and by deposition ATTEMPTED MURDER, even then as is still now.

10 Advance directives and orders from Michael in the direction of death to his wife started appearing in medical charts and verbally to facility staff. [FS765.1115(2) False Advance Directives 2nd Degree Felony]
11 03-05-97 -- alleged attorney Felos "initial conference with client" (who) as itemized in 4/3/00 fee petition.
12 04-14-97 -- Petition to hire attorney Felos
13 05-14-97 -- Felos officially hired by Order.
14 07-02-97 -- Pennsylvania Obituary lists survivors as Michael and fiancee Jodi. No mention of Terri, his wife.
15 05-11-98 -- Petition to Discontinue Artificial Life Support.
16 same date nor after -- Curiously no Petition to Establish the alleged "Oral Advance Directives"
17 05-11-98 to present -- lots of evidenced situations of exerting or claiming of existence of advance directives now that feels power behind his filing of petition to obtain "state-assisted CIVIL death contract".
18 From July 1991, Terri Schiavo has not received any organized and continuous rehabilitation program as evidenced in the Guardian Plans filed in Probate.
19 Question 4D of the Guardian Plan which asks, paraphrased, 'what will be done to INCREASE the capacity of the ward in the next 12 months' -- Michael hand writes "my wife is in a PVS".
20 The question in the Guardian Plan, 'what has been done in the last 12 months to increase the capacity of the ward' -- Michael writes 'my wife is PVS'.

FS744.3215(1)(c.) says the ward has the retained right "to be restored to capacity at the earliest possible time."

Even though he really or fraudulently represents this PVS state (must be unconscious by law definition) in the guardian plan, the guardian (Michael) MUST make plans that work to increase capacity and has to give an account of what of the plan was actual performed and give report of successes/failures to then modify the plan for next 12 months to net some INCREASES in Terri's capacity.

ALL of the above I have written is an obvious and telling picture of a PREMEDITATED "Guardian's Plan" to deny the ward (period) and effect his plan to keep Terri from ever telling who was in the apartment and what happened to her and "to move on with MY life" with my now revealed ex-girlfriend (when) and fiancee-with-my-two-kids Jodi Centonze of at least 9 years while screaming into the TV cameras when asked about his FS798 Open Adultery -- Michael leans forward, face directly in the camera and says "IT's my baby, and I'm proud of IT". This was during the October 2002 "Evidentiary" trial. Baby Olivia was born September 2002.

Michael appears to have been on, and is still on, a campaign to END his *wife's* life ever since that suspiciously circumstanced early morning in their apartment in January of 1990.

Conspiracy to commit murder has been in play since at least 3 months after to malpractice jury award in January 1993. The pattern that stands out when a thorough chronology is developed from the facts over the entire 13.7 years bears this out.

Executive Order. Grand Jury. Terri's State-Assisted "Legal Civil Murder".  What is it going to take to STOP the heinous CRIMES against Terri, her parents, the people of Florida and now the nation, being perpetrated by Michael, his cult of attorneys, health "care" professionals and facilities, with the help of this FS876.22 -- .31 Subversive merchants of death movement (organization) and members (merchants)?

I surely hope you all up there in the capitol are getting this -- because the PUBLIC sure is!

Jeb, we are getting hundreds of thousands more emails than you are, from all over this state, the nation AND the world. If ever their was a perilous but propitious time in OUR lives to make good for all of humanity - THAT TIME IS NOW.

GOD and Thomas Jefferson are watching!

Sincerely; legally, morally and righteously I remain,

David Kirkland
St. Petersburg, FL
(in the book)

Jeb. Can we meet, as was suggested by your office in the past? Even privately, with the Schindler's, siblings, and core Terri supporter group? We know the gears and gates that must be overcome. While we all work to fix the damage caused to our constitution and laws, YOU MUST afford Terri and all others in the same boat in this state at present with full protection and exercise of their civil and retained rights and liberties, together with their constitutional rights and freedoms, as vulnerable(FS415), disabled (ADAetc), victimized (FS825,775,798,400) and elderly persons.

Remember these are persons with personhood and not "house plants" who must meet some litmus test as to "whether or not they can bring a spoon to their own mouths" as was argued Attorney Felos in the August 2001 2nd DCA hearing. He was arguing not for Terri Schiavo but for his Merchants of Death Movement.

Felos has audio tapes and books published and for sale that profess and promote "Abundant Prosperity". Yeah,  HIS of YOURS!
Felos by filed and verified spreadsheet has received now over $500,000 of Terri's "medical malpractice rehabilitation funds" in direct CONFLICT with FS744.446(4) which intends that funds dedicated be used just for the original purpose.

THIS IS FS825 Exploitation of Terri's money! And her.

Due to the obvious conflict of interest between Michael the husband and Michael the guardian, as Guardianship Law dictates but is being ignored by Judge Greer, who never took the oath and does not have to support the constitutional law, only HIS law of the case:
The petition to discontinue should have never been accepted, and/or a permanent Guardian Ad Litem or successor guardian should have been appointed on June 18, 1998, due to conflict and no will or advance directives. Non on record. They had to create them. So, that's what Judge Greer did, all in the same NON JURY trial. Created "reasonable doubt" advance directives to pave the way for creation of the FINAL right to die constitutional legislation.

In any case of a life OR death decision being made for and about another person to be made by court order, playing God, if not God's decision, no reason for it not to be, then at the very least, the decision should be made by the people, as in plural - A JURY of TERRI's peers in open court.  This must be a law that is created or one now that needs changed immediately.

The precedent is: Anyone will be able to make an oral statement that CAUSES the death of another person, with what will become by this case, the EZ application and approval stamping by the Probate Court or maybe just Clerk's to effect and cause someone "Legal Civil Murder".  Since all actions remain in the "Civil" courts their will be no "Criminal" court actions necessary.

This could also result in more "criminal" murders being pleaded by the defendant as "my victim is not a victim because they had a Death Wish and were a burden and hindrance to MY best wishes of getting them out of the way so that I could enhance MY Abundant Prosperity.

What a sic path to self destruction and extinction we are headed if as you stated in your Amicus as reason to take the torch, the failure of the judiciary branch to effect a proper outcome for firstly Terri Schiavo and secondly for SOCIETY. Please do not break your first campaign promise to be THE "Champion of the Disabled".

+++

Anent Jay Wolfson from Laci Peterson Murder Board:

Junior Detective

Posts: 10

(10/30/03 12:26 am)

Reply  The real kicker! OMG!!!!!!!

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I've been doing my homework all afternoon and evening on the internet...and guess what I've found??? (this may or may not be news to you guys, so bear with me if not)

I did some digging into this Wolfson character to see if there was anything on him or previous research dealing with hospice care...and the stuff is all over the web! He is INTIMATELY linked with the hospice that Terri is in as I type!!!

He works for the University of Southern Florida (USF) which has a direct connection to the Hospice of the Florida Suncoast! Not only are they both on all of the same organizational lists, but the University of South Florida website AND the Hospice's website actually give information on 'continuing professional education' to be held November 6th by the University of South Florida's Center for Hospice, Palliative Care and End-of-Life Studies - guess where it is being held????????? You got it! The Hospice of the Florida Suncoast!

==================================

Here's the link from the hospice's website: (notice the website link at the end of this...and then look at Wolfson's e-mail addy that I gave you guys earlier.

"THE CENTER FOR HOSPICE, PALLIATIVE CARE & END-OF-LIFE STUDIES at The University of South Florida will be presenting "Charting the Course in End-of-Life Care: From Research to Policy and Practice" on November 6, 2003 at the Tampa Airport Marriott Hotel, Tampa Florida. The conference will be jointly sponsored by The Hospice of the Florida Suncoast, Inc., The University of South Florida, LifePath Hospice and Palliative Care, and H. Lee Moffitt Cancer Center & Research Institute. The overall purpose of the planned conference is to bring together clinicians, researchers, and policy makers from around the country to collaborate and discuss a research agenda for end-of-life studies that builds on existing state-of-the-art advances that is responsive to the needs of care providers and national and regional policy makers. For additional information on this conference or to register online, please visit the website at www.cme.hsc.usf.edu/eol

==================================

Check this link out!

http://hsc.usf.edu/publicaffairs/hot/endoflife.html

Here's the headline and the last paragraph - make sure to go read the rest of it, but be ready to scream!

Headline:

"New USF center partners with region's hospices to improve end-of-life care for patients and families"

Last paragraph:

"The symposium was sponsored by the USF College of Medicine, LifePath Hospice and Palliative Care, and The Hospice of the Florida Suncoast."

=================================

http://www.fcoa.org/orgnlinks/orgnlinks.html

LINKS HERE FOR USF (=WOLFSON!) and for the Hospice of the Florida Suncoast! Both are Organizational Members of the 'Florida Council on Aging'

=================================

Also, this link:

http://hsc.usf.edu/publichealth/eoh/jwolfson/research.html

That is on the USF website - the faculty pages of jay Wolfson - then I clicked on "Research" to see what he was working on...this was the first thing that came up - it's an active research project that he received a grant for!:

"SUNCOAST Developmental Center for Patient Safety Evaluation and Research

Jay Wolfson, DrPH, JD, Director

jwolfson@hsc.usf.edu"

=================================

AND check this out!

I found this .pdf file which lists contributors (major ones, I might add) to the Univ of SF...guess who is on the list! Not only Dr Jay Wolfson...but also The Hospice of the Florida Suncoast!!!!

http://www.giving.usf.edu/5-people/HonorRoll_Report.pdf

==========================================

This is RIDICULOUS!!!!! I'm stumped as to our options now. Obviously writing to this man is going to accomplish ZILCH! I've been so upset over this tonight, I just want to fly down to Florida and do some major damage control!!!!!! *vents majorly*

================================================

And just to add insult to injury, I also found these pages pertaining to wrong-doings and lawsuits re: the hospice...

http://www.hospicepatients.org/Hosp-FL-Suncoast-Cmplnt.html

http://www.hospicepatients.org/is-the-hospice-A-faithful-Steward-of-Donations.html

+++

http://www.notdeadyet.org

http://www.latimes.com/news/opinion/commentary/la-oe-drakeoct29,1,5346773.story?coll=la-news-comment-opinions

[Note: above link is broken into two lines.]

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Tuesday, October 28, 2003 2:57 PM
Disability rights groups speak out in defense of Terri Schindler Schiavo

Issues Surrounding Terri Schindler-Schiavo Are Disability Rights Issues, Say National Disability Organizations

Oct. 27, 2003 -- We, the undersigned, come together in support of Terri Schindler-Schiavo, and her human and civil rights. We are the national spokespersons for the rights of millions of Americans with disabilities whose voices are often not heard over the din of political and religious rhetoric. We come together for those who will be touched by disability in their lifetime and who will need our help to make their voices heard.

We call on the media to join with us in ensuring that the real story about Terri Schindler-Schiavo, and thousands like her, is told.

We ask the general public, who are clearly confused about what is best for Ms. Schindler-Schiavo and others like her, to read this joint statement, signed by national organizations and our allies, and then to act accordingly to signal their support for Terri Schindler-Schiavo. Terri Schindler-Schiavo is alive. She deserves nothing less than the full advantage of human and civil rights the rest of us are fortunate to enjoy as Americans. We will not rest until her most basic humanity is secure.

The "right to life" movement has embraced her as a cause to prove "sanctity of life." The "right to die" movement believes she is too disabled to live and therefore better off dead. Yet the life-and-death issues surrounding Terri Schindler-Schiavo are first and foremost disability rights issues -- issues which affect millions of Americans with disabilities, old and young.

Can she think? Hear? Communicate? These questions apply to thousands of people with disabilities who, like Ms. Schindler-Schiavo, cannot currently articulate their views and so must rely on others as substitute decision-makers. The law requires that a guardian's decision be based on written documentation or other clear and convincing evidence of her wishes. Her husband and guardian, Michael Schiavo, says she would not have wanted to live in her current condition, but there is no written documentation or compelling evidence of this. There is just his word.

Early on in Michael Schiavo's quest to remove his wife's source of nourishment, an independent guardian was appointed upon request by Schiavo's own attorney, George Felos. That guardian, attorney Richard Pearse, issued a report to the judge stating that Michael Schiavo was not a credible witness to his wife's end-of-life wishes because he waited several years before coming forward with the claim that she wanted to die. Pearse also noted that Michael Schiavo would benefit financially from her death. Pearse was quickly removed at the request of Felos. Experts on the issue of guardianship point out that it is always desirable that a person in Terri Schindler-Schiavo's position have an independent representative who has no particular interest in the case other than her. Since the dismissal of Pearse in 1999, Terri Schindler-Schiavo has never been appointed another independent guardian. The law Gov. Jeb Bush has just signed calls for one now.

The peculiar series of events which have led up to the current debate seem to have avoided both the judge's scrutiny and media coverage. Michael Schiavo says his wife would not have wanted to live in her current condition. And under Florida law a spouse has the right to decide, though his powers are limited by the U. S. Constitution.

Michael Schiavo conveniently remembered Terri's alleged wishes only after the malpractice judgment was awarded. A review of court records shows that of the $700,000 from a malpractice settlement Michael won that was to go for her care, over half has been spent on his legal fight to disconnect her feeding tube. Over $200,000 of it has been paid to his attorney George Felos. Michael Schiavo has refused to let his wife receive therapy from a speech pathologist, a common type of rehabilitation available to people with brain injury. A prominent expert filed an affidavit that Terri Schindler-Schiavo can swallow her own saliva, and could potentially be weaned from the feeding tube and recover some speech, so that she could indicate her own wishes.

A recent report in the New York Times Sunday Magazine stated that after months or years with little sign of consciousness, people may still be capable of complex mental activity. The reporter, Carl Zimmer, wrote, "To the medical world, ...hundreds of thousands of ...Americans who suffer from impaired consciousness present a mystery." Whether Terri Schindler-Schiavo is -- or isn't -- capable of "high level thought" is not the real issue here. It is clear that she is conscious and responsive beyond mere reflexes, as has been demonstrated by her ability to track with her eyes, respond to verbal commands by physicians who examined her on video, and react to those she loves.

She has a severe brain injury, yet has not undergone the rehabilitation that is typically given to people with this type of disability. People with severe cognitive disabilities are devalued as lives not worth living. In truth, the lives of all of us with severe disabilities are often considered expendable. This is why we are speaking out.

Americans who have disabilities -- cognitive disabilities like Ms. Schindler-Schiavo -- have rights. Congress decided that in 1990 when it passed the Americans with Disabilities Act. Yet most of society does not consider that Terri Schindler-Schiavo has any rights other than the right to die. We believe she has a right to therapy and support; we believe the Americans with Disabilities Act requires that.

Consider David Jayne, a 42 year old man with ALS. Every five seconds, a ventilator on a cart next to his bed pumps air into his lungs. He is not able to move. Twelve years ago, Jayne would have dismissed this existence as a living hell. "Yes, I am very passionate about the Terri Schindler-Schiavo issue, because I live it," says Jayne, who was profiled in TIME Magazine in 2001. Jayne, like many of us, would have once said he could not imagine living in his current state. "If someone had told me I would be paralyzed and tethered to a ventilator, yet still find meaning in life, I would not have believed them." Today he says, "It is incredibly wrong for society to decide who lives or dies based on their opinions of what level of quality of life is worth living."

In this matter of living as a disabled person, those of us who live with disability, are the experts -- not husbands, not parents, not doctors. We know that life with a disability is worth living, and we know that what makes life awful for us is the attitude of "better off dead" that drives much of the thinking surrounding people like Terri Schindler-Schiavo.

The fear of disability and the resulting bigotry adhered to by most non-disabled Americans is often cited by people with disabilities as one of the most difficult barriers to overcome. In a recent column, Bill Press stated, "I wouldn't want to live like that, would you?" We respond: like what? Terri Schindler-Schiavo is characterized as "...a brain-damaged woman who has been kept alive artificially." Meant to signal horror, the concept has no real meaning to us who live by "artificial" means. Is a person on dialysis being kept alive artificially? Is a person taking insulin being kept alive artificially? Is a person who undergoes open-heart surgery, or cancer treatment, or intensive care in a hospital being kept alive artificially?

It is a well-known fact among those of us who live with disabilities that a feeding tube is a low-tech support, and people who use them can and do live full and meaningful lives. It was invented in the nineteenth century and relies on nothing more than gravity to make it work.

Terri Schindler-Schiavo is said to be in a "persistent vegetative state." But is she? In court, the medical experts were divided. Fl. Circuit Judge George Greer say she has not demonstrated sufficient actions to prove "cognitive function" because her actions were not "consistent" or "reproducible." But Florida law defines "PVS" as a condition in which there is no evidence of responsiveness. By ignoring Florida law, Judge Greer has violated her due process rights, as many of us asserted in our friend-of-the court briefs.

Historically, many people with disabilities such as autism, Down syndrome and cerebral palsy have been thought to be incapable of communication. Increasingly, yesterday's assumptions about inability are being thrown out when confronted with the reality of people exceeding the low expectations put on them by others.

In 1990, the Supreme Court held, in the Cruzan case, that the experts' subjective determinations of things like "persistent vegetative state" invite the very "quality of life" judgments that the Court found were inappropriate.

Terri Schindler-Schiavo's fate is entwined with all disabled people who rely on surrogates. If the legal standard in cases involving termination of life support is reduced to the point where Ms. Schindler-Schiavo's "quality of life" - as determined by others - justifies her death by starvation, then what protections exist for the thousands of us who cannot speak due to disabilities?

Discrimination against people with severe disabilities is part of our nation's history. Eugenicists advocated for the involuntary euthanasia of 60,000 "hopeless cases" of persons with disabilities in institutions in the last century, and urged the killing of "defective" children. Thousands in our nation were sterilized against their will because they were "defective". Infants born with disabilities have been denied lifesaving medical treatment. And people who become severely disabled, like Terri Schindler-Schiavo, are said to be better off dead.

The need for constitutional limits on the powers of surrogate decision makers is nowhere more clear than on a question as fundamental as life or death, because the consequences of abuse or misjudgment are both ultimate and irreversible. Treating people differently based on health or disability status violates the rights of people with disabilities under the ADA. Absent proof that it is truly the person's decision, withholding medical care based on the belief that he or she would rationally want to die because of a disability is discriminatory.

Due to bias against disability and ignorance about the support systems and successful coping strategies that preserve autonomy, meaning and pleasure in life, some physicians have decided that some deaths are more rational than others and that incompetent ill and disabled people do not deserve the same type of health care that "competent" people would receive. When health care providers deny people with severe cognitive disabilities the health care they need to live, we believe they are violating the Americans with Disabilities Act.

The belief that people with disabilities like Schindler-Schiavo's are "better off dead" is longstanding but wrong. It imperils us all. As spokespeople for millions of Americans with disabilities and their families, we stand with Terri Schindler-Schiavo to protect her civil and human rights as a living American. She requires the equal protection of the law.

SIGNED:

ADA Watch - http://www.adawatch.org/
ADAPT - http://www.adapt.org/
AIMMM - Advancing Independence - http://www.aimmm.org/
Center for Self Determination - http://www.self-determination.com/
Center on Human Policy - http://soeweb.syr.edu/thechp/
Disability Rights Education & Defense Fund - http://www.dredf.org/
Disability Rights Project of the Public Interest Law Center of Philadelphia.
Hospice Patients Alliance - http://www.hospicepatients.org/
National Catholic Partnership on Disability - http://www.ncpd.org/
National Coalition for Disability Rights - http://www.adawatch.org/
National Coalition on Self-Determination - http://oaksgroup.org/nconsd/
National Down Syndrome Congress - http://www.ndsccenter.org/
National Organization on Disability - http://www.nod.org/
National Spinal Cord Injury Association - http://www.spinalcord.org/
Not Dead Yet - http://www.notdeadyet.org/
TASH - http://www.tash.org/
World Association of Persons with disAbilities - http://www.wapd.org/
World Institute on Disability - http://www.wid.org/

+++

Interesting Timeline
Posted By: Frank
Date: Thursday, 13 November 2003, at 4:15 p.m.

Many people, groups, and the media have harshly criticized Jeb Bush and the Florida legislature for passing "Terri's Bill", claiming among other things that it is unconstitutional to pass a law that applies only to one person.

Consider this timeline:

May 1997 - Deborah Bushnell send a letter to Judge Shames (he was before Judge Greer) saying that the Schindlers should be involved in Terri's care during her final days (since Michael intends to move Terri to hospice and remove her feeding tube).

Aug. 1997 - Felos sends a letter to the Schindler's notifying them of pending action to remove Terri's feeding tube.

May 1998 - George Felos is hired and files a petition in Court to remove Terri's feeding tube.

April 6, 1999 - House Bill 2131 was introduced in the legislature by the Florida Elder Affairs & Long-Term Care Committee to amend Section 765 (Civil Rights) of the Florida Statutes. two weeks later, the legislature Committee on Judiciary recommended that House Bill 2131 should also change the Section 765.101 legal definition of life prolonging procedures to add: "INCLUDING ARTIFICIALLY PROVIDED SUSTENANCE AND HYDRATION, WHICH SUSTAINS, RESTORES, OR SUPPLANTS A SPONTANEOUS VITAL FUNCTION".

Oct 1, 1999 - Senate Bill 2228 (formerly HB2131) becomes law changing Section 765.101 of the Florida Statutes to include the above.

Jan 24, 2000 - Trial begins to decided whether to remove Terri's feeding tube.

Feb 11, 2000 - Judge Greer orders that Terri's feeding tube can be removed.

If you followed the timeline, Felos filed a petition to remove Terri's feeding tube BEFORE the law was changed, and the trial began AFTER the law was changed (and Greer approved removal of the tube).

Why is that? Did the Florida legislature knowingly or unknowingly pass a law that would apply specifically to Terri? I don't think there were any other hotly contested "right to die" cases at that time. (The cases of Cruzan, Bludworth, and Browning were decided years before). I wonder who paid-off or influenced who to get the law changed?

And here's some very interesting reading that might help answer that question (link below). Scroll down about half-way to "They make it all possible".

They make it all possible:

Congressman Bilirakis congressman for many years. Now his son Gus Michael Bilirakis serves on the Suncoast Hospice Board of Directors.

There are actually three boards because there are profits and non-profits.

The salaries at the top are sky high."

Barbara Sheehan Todd also serves on the Hospice Board. She was a County Commissioner the same time (1980-98) Judge Greer was a Pinellas county commissioner from 1984-92.

Judge Greer was a zoning lawyer.
http://www.sptimes.com/News/042801/TampaBay/Judge_George_Greer.shtml

Atty George Felos sat on the Hospice Board Felos has been paid approximately $550,000.00 Judge Greer used to be on Hospice's Board too (ED: Chairman of the Board)

Martha Lenderman - outgoing chairman of hospice, chair for 2 years, is sister of Judge John Lenderman (Family Law Division with Judge Greer)

Richard M Jerger, Jr (was a president of Pinellas Independent Agents, Inc in 1990-1991) is a holder in the PHILADELPHIA CONSOLIDATED HOLDING CORP which bought out Jerger and Sons. insured mobile homes

Raymond Blacklidge is a registered lobbyist in the Florida Legislature who works for the Jerger Company. Blacklidge is a Business Partner to Richard Jerger, who is an Insurance Executive selling mobile home insurance in the state of Florida. Jerger somehow became the Business Partner to Michael Schiavo.

Jodi Centonze is Michael Schiavo's domestic partner and now mother of his 2 children.
http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1&a=1&b=1&r=&s=1&u=0&p=29+28+16+61655+000+0390267%2C302337%2C661&name=View

Barry G. Wilkinson registered agent for Jerger Ins.

Judge Greer and Robert Wharrie (hospice) are on the same discussion PANEL!! Almost at the bottom of the page

http://www.clwbar.org/resipsa/december-january02/article462.html.

The Mcconihay Greer Connection Together on the board of "Suncoast Christian Camps Inc"... with GREER as registered agent..

The Damonte -Mcconihey connection

The Damonte - Mcconihay corp is called "Approved Management Corporation"...

Jonathan Damonte -lawyer for the Mobile home association, is connected to Greer through a business partner, Stephen McConihey

2nd Felon Gets 2nd Chance at Hospice
A payroll worker is the second employee the hospice hired in recent years despite a criminal record.
-After pleading guilty to felony grand theft in 2001 and being sentenced to five years of probation, (she used company credit card to use for work purchases to charge $7,791 for personal items before getting caught.) Karen Langan was looking for a new job.
-Another employee, Susan A. Wynn, pleaded guilty in Georgia to embezzlement in 1996 after admitting that she stole $370,000 from a public agency. Wynn, who served prison time and is on probation, works as an administrative assistant to the hospice's vice president of finance.

Link:St Petersburg Times Online
http://www.sptimes.com/2003/06/26/Northpinellas/2nd_felon_gets_2nd_ch.shtml

Based on his testimony promising rehabilitation services for Terri, in part, the malpractice jury awarded Mr. Schiavo $1,200,000.00, of which approximately $700,000.00 was placed in a trust fund for Terri's support and maintenance.

Terri has not been certified as "Terminally ill" as required by federal regulations for the use of federal funds for hospice care, yet has resided at Hospice Woodside since March or April, 2000.

I am way past the blur stage. Who knew we would uncover so many complexities and turf wars between Hospice and former employees? This is a major legal-medical situation with political overtones without taking into account religious implications.

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