complaint filed today with AG Ashcroft RE: Theresa Maria Schiavo

Yes they are fighting it...the attorneys for the husband are trying to sue the governor - they are trying anything they can pull - and they are scaring people into refusing treatment. Michael is still legal guardian so he has some rights - but he may lose them quickly (we hope!) The family has filed for a guardian et litem to be assigned at once...already rejected by one judge earlier today. That will change, mark my words!!! Meanwhile, she has an IV - not a feeding tube - we believe that is a medical decision to not over hydrate her all at once. As long as she is on the right path, we are okay...for awhile... God bless, Debi

RE: Bob Marshall: He is Delegate Bob Marshall - House of Delegates 13th District. He has strong ties to the White House - and he is doing a bang up job!! He posted a news story with WTOP - CBS - which airs as far south as NC - and he is a stauch pro-life Catholic - sticking out his neck in DC to help. And so far, he is doing an awesome job!!!

I am pasting a copy of the complaint I filed today with Ashcroft...Bob also sent this on to Senators Santorum, Brownback and Chris Smith.... read on... this was supposed to be out already on a press release... In Christ always, Debi

Subject: 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:

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.

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 Schiavoâ€™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 doctorsâ€™ 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.

There is no court order to deny Terri Schiavo oral feeding. This was put in place by Michael Schiavos 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 doctorâ€™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 Terriâ€™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.

Sworn to and subscribed before me this ________ day of October, 2003, by Debra Vinnedge who produced a Florida Driver's License as identification.

Of Interest:

http://www.hospicepatients.org/FASHNER-Complaint-RE-Pereira-and-Bell-Kistler-Hospice-Cover-up-Sexual-Harassment.html

SHARON FASHNER Files Lawsuit Against Ron Pereira
For Sexual harassment And Against the Hospice
For Covering-up Sexual-Harassment

by Ron Panzer
5/30/03

Sharon Fashner has filed a lawsuit against Ron Pereira alleging sexual harassment and complains about Mike Bell, Scott Kistler and the Hospice of the Florida Suncoast for not stopping the sexual harassment! For those employees who have managed to still be employed at the hospice, under very difficult circumstances created by the senior management, we would like to ask: "Does the following description seem familiar to any of you who have complained about hospice management in the past?" If so, you may have a right to legal action and compensation through the courts when your complaint was not properly addressed.

As noted before, reports state that if an employee at this hospice persists in complaining, they are singled out and put on the hospice's "hit list" (a term used by hospice management) and generally, the employee ultimately leaves (either because they are forced out or simply out of frustration) because, of course, the unaddressed harassment continues.

In this case, Sharon Fashner's lawsuit states that she was eventually forced out by the hospice after going to the hospice management begging that sexual harassment stop. This is one of the best examples showing why employees should see an attorney BEFORE speaking with this hospice's management about problems, harassment or other issues. Sharon Fashner likely would have kept her job had she seen the attorney back in 2001!

Now does the scenario described above (and in Sharon Fashner's sexual harassment lawsuit) sound familiar to any former or current employees? If so, you should know that the above behavior by management is ILLEGAL! According to Sharon Fashner, the hospice not only did not stop the harassment, the hospice suppressed her complaint against the then Human Resources Director, Ron Pereira. The hospice also created an illegal "agreement" in which Sharon was forced to agree to not mention the sexual harassment to anyone (see sexual harassment complaint).

Why is the hospice's "agreement" which Sharon Fashner was intimidated into signing illegal? Federal law says that an employer MUST investigate sexual harassment complaints whether made verbally or in writing. Sharon states that the hospice management told her she would have to put her complaint into writing for her complaint to be investigated. That is contrary to federal and state law! And forcing an employee, through a legal agreement, to remain silent about harassment, is also contrary to federal and state law!

The St. Petersburg Times has published an article about this case:

"Woman accuses hospice manager of harassment"
Series: BRIEFLY May 28, 2003;

Abstract:
In January 2002, [Sharon Fashner] complained to Hospice worker, Carol Hagans, about [Ron Pereira]. When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states.

As a result, Fashner and Pereira signed a confidentiality agreement with Hagans as witness. The agreement said the parties would not discuss the matter with anyone, that Hagans would be Fashner's supervisor and that Fashner would not press sexual harassment charges.

Full Text:
Copyright Times Publishing Co. May 28, 2003
A former employee of the Hospice of the Florida Suncoast filed a lawsuit Tuesday accusing the corporation's human resources director of sexual harassment.
Sharon Fashner, a human resources assistant, said her supervisor, Ron Pereira, made unwelcomed sexual advances and gave her gifts and cards since she started working at Hospice in August 2000.
The suit says Pereira, who is on leave from his job, "repeatedly grabbed Fashner, engaged in intimate touching and tried to initiate sexual relations with her."
"When at work, she was terrified," the lawsuit says. "When defendant Pereira was near her, she could barely think."
Fashner, 46, was fired in January, said her attorney, Jonathan Alpert, who also represents plaintiffs in two class-action lawsuits against Hospice, a non-profit organization that provides care and support to the terminally ill.
Hospice spokesman Michael L. Bell said Hospice was not aware that a suit had been filed and that officials have not seen a copy of it.
In January 2002, Fashner complained to Hospice worker, Carol Hagans, about Pereira. When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states.
As a result, Fashner and Pereira signed a confidentiality agreement with Hagans as witness. The agreement said the parties would not discuss the matter with anyone, that Hagans would be Fashner's supervisor and that Fashner would not press sexual harassment charges.
[end of article at St. Petersburg Times

The article stated that "When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states." What the St. Petersburg Times article did NOT state is that, according to Sharon Fashner, she was told that if she filed a written complaint, she would lose her job as a result! Would you feel intimidated if management told you that "oh yes, honey, you certainly have a right to file a written complaint about this, but you'll very likely (most definitely) be immediately placed on the "hit list" and lose your job." Would that inspire you to continue the complaint process?

Now, the first thing that comes to mind when thinking about this case is that a woman came forward and verbally accused the Human Resources Director of sexually harassing her. This was back in October of 2001 and then again complaining verbally (when nothing was done about it) in January of 2002. According to the lawsuit filed, Sharon was extremely disturbed by the repeated sexual harassment. Normally, when a person is sexually harassed in the workplace, who do they complain to? The Human Resources Director! Here's a case where the employee is alleging that the very person who is sexually harassing her is the Human Resources Director who normally is responsible to stop the sexual harassment of employees! It is obvious that only an incredible amount of motivation would make an employee accuse the very person responsible for stopping such sexual harassment!

Knowing the history of how this hospice treats employees who complain about management practices, as Sharon Fashner must have known, it is clear that Sharon Fashner felt extremely stongly about this sexual harassment and that she wished to keep her job ... otherwise, she would have just quit her job. She didn't do that. Yet, she complained to management, knowing how serious the charges were which she was bringing against Ron Pereira, the Human Resources Director.

Would you make a complaint against a top manager of the hospice if there were no harassment? I don't think so. Want to read the sexual harassment lawsuit itself?

Any employee (current or former) who has been harassed or intimidated may have a right to legal action. Former employees who were summarily terminated may have a right to legal action with a right to recovery through the courts. All employees should contact an attorney for consultation.

Any employee of this hospice who has not gotten advice from an attorney providing counsel for their individual personal benefit would be acting quite foolishly! Preliminary meetings with attorneys are often given free of charge, so concerns about fees should not prevent an employee from seeking counsel, and it is quite likely that in some cases no up front fee will be charged at all. Complete confidentiality is assured within the attorney-employee/client relationship.

Employees (at any level of employment) can NOT rely on the hospice's attorneys (or administrators) to give advice which is always in the employee's best interests. An employer's attorney will advise what is best for the employer while giving the impression that they are offering advice in the best interest of the employee. The hospice, as employer, pays its attorneys to protect the hospice and its legal interests, not the employee, make no mistake about that!

Anyone needing legal advice is advised to contact an attorney they know or the attorney of record:

Jonathan L. Alpert, Esquire
Florida Bar No. 121970
THE ALPERT LAW FIRM
100 South Ashley Drive. Suite 2000
Post Office Box 3270
Tampa, Florida 33601-3270
(813) 223-4131 - Tel.
(813) 228-9612 - Fax

Pollywog is asking all of us to post this on as many Terri threads as possible:

Coming to a CRIMINAL COURT near you!!!

Michael Schiavo and George Felos, READ IT AND WEEP!!
AFFIDAVIT
_________

STATE OF FLORIDA )
COUNTY OF PINELLAS )

BEFORE ME the undersigned authority personally appeared CARLA
SAUER IYER, R.N., who being first duly sworn, deposes and says:

1. My name is Carla Sauer Iyer. I am over the age of eighteen and make
this statement of my own personal knowledge.

2. I am a registered nurse in the State of Florida, having been licensed
continuously in Florida from 1997 to the present. Prior to that I was a
Licensed Practical Nurse for about four years.

3. I was employed at Palm Garden of Largo Convalescent Center in
Largo, Florida from April 1995 to July 1996, while Terri Schiavo
was a patient there.

4. It was clear to me at Palm Gardens that all decisions regarding Terri
Schiavo were made by Michael Schiavo, with no allowance made for
any discussion, debate or normal professional judgment. My initial
training there consisted solely of the instruction "Do what Michael
Schiavo tells you or you will be terminated." This struck me as
extremely odd.

-1-

5. I was very disturbed by the decision making protocol, as no allowance
whatsoever was made for professional responsibility. The atmosphere
throughout the facility was dominated by Mr. Schiavo's intimidation.
Everyone there, with the exception of several people who seemed to be
close to Michael, was intimidated by him. Michael Schiavo always
had an overbearing attitude, yelling numerous times such things as
"This is my order and you're going to follow it." He is very large and
uses menacing body language, such as standing too close to you,
getting right in your face and practically shouting.

6. To the best of my recollection, rehabilitation had been ordered for
Terri, but I never saw any being done or had any reason at all to
believe that there was ever any rehab of Terri done at Palm Gardens
while I was there. I became concerned because Michael wanted
nothing done for Terri at all, no antibiotics, no tests, no range of
motion therapy, no stimulation, no nothing. Michael said again and
again that Terri should NOT get any rehab, that there should be no
range of motion whatsoever, or anything else. I and a CNA named
Roxy would give Terri range of motion anyway. One time I put a
wash cloth in Terri's hand to keep her fingers from curling together,

-2-

and Michael saw it and made me take it out, saying that was therapy.

7. Terri's medical condition was systematically distorted and
misrepresented by Michael. When I worked with her, she was alert
and oriented. Terri spoke on a regular basis while in my presence,
saying such things as "mommy," and "help me." "Help me" was, in
fact, one of her most frequent utterances. I heard her say it hundreds
of times. Terri would try to say the word "pain" when she was in
discomfort, but it came out more like "pay." She didn't say the "n"
sound very well. During her menses she would indicate her discomfort
by saying "pay" and moving her arms toward her lower abdominal
area. Other ways that she would indicate that she was in pain included
pursing her lips, grimacing, thrashing in bed, curling her toes or
moving her legs around. She would let you know when she had a
bowel movement by flipping up the covers and pulling on her diaper
and scooted in bed on her bottom.

8. When I came into her room and said "Hi, Terri", she would always
recognize my voice and her name, and would turn her head all the way
toward me, saying "Haaaiiiii" sort of, as she did. I recognized this as a
"hi", which is very close to what it sounded like, the whole sound

-3-

being only a second or two long. When I told her humrous stories
about my life or something I read in the paper, Terri would chuckle,
sometimes more a giggle or laugh. She would move her whole body,
upper and lower. Her legs would sometimes be off the bed, and need
to be repositioned. I made numerous entries into the nursing notes in
her chart, stating verbatim what she said and her various behaviors, but
by my next on-duty shift, the notes would be deleted from her chart.
Every time I made a positive entry about any responsiveness of Terri's,
someone would remove it after my shift ended. Michael always
demanded to see her chart as soon as he arrived, and would take it in
her room with him. I documented Terri's rehab potential well,
writing whole pages about Terri's responsiveness, but they would
always be deleted by the next time I saw her chart. The reason I wrote
so much was that everybody else seemed to be afraid to make positive
entries for fear of their jobs, but I felt very strongly that a nurses job
was to accurately record everything we see and hear that bears on a
patients condition and their family. I upheld the Nurses Practice Act,
and if it cost me my job, I was willing to accept that.
9. Throughout my time at Palm Gardens, Michael Schiavo was focused

-4-

on Terri's death. Michael would say "When is she going to die?,"
"Has she died yet?" and "When is that bitch gonna die?" These
statements were common knowledge at Palm Gardens, as he would
make them casually in passing, without regard even for who he was
talking to, as long as it was a staff member. Other statements which I
recall him making include "Can't anything be done to accelerate her
death - won't she ever die?" When she wouldn't die, Michael would
be furious. Michael was also adamant that the family should not be
given information. He made numerous statements such as "Make sure
the parents aren't contacted." I recorded Michael's statements word
for word in Terri's chart, but these entries were also deleted after the
end of my shift. Standing orders were that the family wasn't to be
contacted, in fact, there was a large sign in the front of her chart that
said under no circumstances was her family to be called, call Michael
immediately, but I would call them, anyway, because I thought they
should know about their daughter.

10. Any time Terri would be sick, like with a UTI or fluid buildup in her
lungs, colds, or pneumonia, Michael would be visibly excited, thrilled
even, hoping that she would die. He would say something like,

-5-

"Hallelujah! You've made my day!" He would call me, as I was the
nurse supervisor on the floor, and ask for every little detail about her
temperature, blood pressure, etc., and would call back frequently
asking if she was dead yet. He would blurt out "I'm going to be rich!"
and would talk about all the things he would buy when Terri died,
which included a new car, a new boat, and going to Europe, among
other things.

11. When Michael visited Terri, he always came alone and always had the
door closed and locked while he was with Terri. He would typically
be there about twenty minutes or so. When he left Terri would be
trembling, crying hysterically, and would be very pale and have cold
sweats. It looked to me like Terri was having a hypoglycemic reaction,
so I'd check her blood sugar. The glucometer reading would be so low
it was below the range where it would register an actual number
reading. I would put dextrose in Terri's mouth to counteract it. This
happened about five times on my shift, as I recall. Normally Terri's
blood sugar levels were very stable due to the uniformity of her diet
through tube feeding. It is medically possible that Michael injected
Terri with Regular insulin, which is very fast acting, but I don't have

-6-

any way of knowing for sure.

12. The longer I was employed at Palm Gardens the more concerned I
became about patient care, both relating to Terri Schiavo, for the
reasons I've said, and other patients, too. There was an LPN named
Carolyn Adams, known as "Andy" Adams who was a particular
concern. An unusual number of patients seemed to die on her shift,
but she was completely unconcerned, making statements such as
"They are old - let them die." I couldn't believe her attitude or the fact
that it didn't seem to attract any attention. She made many comments
about Terri being a waste of money, that she should die. She said it
was costing Michael a lot of money to keep her alive, and that he
complained about it constantly (I heard him complain about it all the
time, too.) Both Michael and Adams said that she would be worth
more to him if she were dead. I ultimately called the police relative to
this situation, and was terminated the next day. Other reasons were
cited, but I was convinced it was because of my "rocking the boat."

13. Ms. Adams was one of the people who did not seem to be intimidated
by Michael. In fact, they seemed to be very close, and Adams would
do whatever Michael told her. Michael sometimes called Adams at

-7-

night and spoke at length. I was not able to hear the content of these
phone calls, but I knew it was him talking to her because she would
tell me afterward and relay orders from him.

14. I have contacted the Schindler family because I just couldn't stand by
and let Terri die without the truth being known.

FURTHER AFFIANT SAYETH NAUGHT.

CARLA SAUER IYER, R.N.

The foregoing instrument was acknowledged before me this 29 day of August,
2003, by CARLA SAUER IYER, R.N., who produced her Florida's driver's license
as identification, and who did take an oath.

Notary Public

My commission expires

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