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