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