Skip to comments.Attorney: Terri Schiavo Again Being Fed Through Tube
Posted on 10/23/2003 12:02:06 AM PDT by kattracks
CLEARWATER, Fla. (AP) - A brain-damaged woman was receiving nourishment through a new feeding tube Wednesday, a week after her husband had tried to have such treatment ended but was blocked by the Florida Legislature.
Terri Schiavo, 39, was being fed through a tube inserted into her abdomen when family members, fighting an epic battle to keep her alive, visited late Wednesday, said their attorney, Pat Anderson.
Terri Schiavo looked gaunt, with red-ringed eyes, Anderson said, adding: "I think what we're looking at is the price of moving her."
The feeding tube was reinserted during a short stay at Morton Plant Hospital, where the woman was taken after Gov. Jeb Bush, heeding the Legislature's wishes, intervened in the bitter right-to-die case and ordered her kept alive.
Earlier Wednesday evening, she was taken back to the hospice that cared for her several years. The family visited her there, in a Clearwater suburb.
Terri Schiavo's brother, Bob Schindler Jr., said his sister was "alert and responsive" to family members who hugged and kissed her during their visit.
The woman's father, Bob Schindler, said he hoped his daughter would recover from being without food or water for six days.
"Terri is so resilient," he said. "Tomorrow she could be back the same way she was before she left here. Maybe she needs sleep."
Husband Michael Schiavo's attorney angrily complained the woman was being mistreated by attempts to keep her alive, and legal scholars predicted that Bush's intervention would be ruled unconstitutional.
"It is so repugnant to so many provisions of Florida's constitution, we are all certain that it will be overturned," lawyer George Felos said.
The case is one of the nation's longest and most contentious right-to-die cases, pitting members of the same family against one another.
Terri Schiavo has been in a what doctors call a "persistent vegetative state" and on a feeding tube since 1990, when her heart stopped because of a chemical imbalance. Her eyes are open, but doctors say she has no consciousness.
The feeding tube was removed by court order last Wednesday at the insistence of her husband, who has custody.
Bob Schindler and his wife, Mary, say she still could recover. Michael Schiavo contends that she told him she would rather die than be kept alive artificially, but family members said they never heard her say anything like that.
On Tuesday, the Legislature rushed through a bill designed to save Schiavo's life, and Bush quickly invoked the law and ordered the feeding tube reinserted.
A judge later rejected a request by Michael Schiavo to block Bush's order but said he would consider it again after both sides file briefs.
Felos said earlier that the woman was quietly dying after the tube was removed, that her heartbeat had become irregular and her kidneys were shutting down, and that it was "simply inhumane and barbaric to interrupt her death process."
"The hysterical opposition to his case says so much more about us as a society," he said. "I think it says so much more about our fear of death than the sanctity of life."
Outside the hospice later, Pat Anderson again called for Michael Schiavo to remove himself from the case and let the Schindlers take care of their daughter, as they have offered to do.
"He's already moved on with his life," she said. "Just leave her alone."
A message left on an answering machine at Felos' office seeking a response was not immediately returned.
The bill sent to Bush was designed to be as narrow as possible. It is limited to cases in which the patient left no living will, is in a persistent vegetative state, has had nutrition and hydration tubes removed, and where a family member has challenged the removal.
Legal experts widely agreed that the governor and Legislature went too far.
"This particular administration has not yet understood why we have separation of powers," said former Florida Supreme Court Justice Gerald Kogan. "They seem to believe that the governor and the Legislature can do whatever they want and the courts should not interfere and that's not right."
Harvard law professor Laurence Tribe said: "I've never seen a case in which the state legislature treats someone's life as a political football in quite the way this is being done."
Bush and the Republican-led Legislature have a reputation for being at odds with the courts. They have clashed over abortion and the death penalty.
Bush and lawmakers who supported the legislation said they had a legitimate reason to intervene in the case to save Schiavo's life.
"Let us err on the part of not condemning this woman to a painful death that she can feel," said GOP Sen. Anna Cowin.
During the years she has been in a vegetative state, her parents reported their daughter laughed, cried, smiled and responded to their voices. But the court-appointed doctor said the noises and facial expressions she made were reflexes.
"He's already moved on with his life," she said. "Just leave her alone."
Yes. Why won't he?
Her husband has finally relented and will allow her parents and family to visit her, though they won't get any medical updates on her condition.
Because he wants to see that her wishes are carried out. If he walks away now, he's sentencing her to another forty years of staring at the hospital ceiling.
There's some evidence circulating that she is not a vegetable.
Under the circumstances, it seems pretty clear that an amicable solution exists: the parents take Terri and agree not to require alimony...certainly Terri cannot petition for it; Hubby won't; and he could agree to forfiet custody upon that condition.
How expensive is it to care for Terri if the parents are willing to do it? I'd could do it....and survive the economics. Not much different from caring for my Gram with alzheimers and diabetis for two years, I reckon.
How are you so sure that Terri expressed her wish to die? I have often casually said that, under similar circumstances, my wife is to pull the plug. But I never thought enough about it to render it on a document. And reading these stories, I now wonder if I would. Hmmm
1. He's the beneficiary of her life insurance...with a double indemnity clause
2. If he maintains guardianship of her trust it won't be audited when she dies. He will never have to account for where $700,000 that was awarded to her for her rehabilitation and lifetime care has gone
3. If he's the guardian when Terri dies, there will be no autopsy. He's ordered an immediate cremation
4. Terri's caretakers have said that within the past year Terri was able to blink her eyes to answer yes and no questions. He doesn't want her ever to be able to do that
5. His attorney, Felos, wants to publish another book. This one would be about Terri. He'd need her guardian's permission for much of its content. Wonder how much he'd pay Schaivo for that? Wonder how much Schaivo would be paid as a consultant when the film is made?
6. Nearly a decade ago Terri's parents told MS if he would just walk away and let them care for Terri he could keep whatever was left in the trust fund. He refused.
7. At least a dozen medical experts, including 6 very prominent neurologists have stated that Terri isn't in a PVS and that she could benefit significantly from rehabilitation and therapy. Several of them have offered to treat Terri pro bono...(pro bono = free of charge)
There's more, but it's been a long day and I'm hitting the hay. Hope this helps. For a lot more info, you might read the info at this link: http://webpages.charter.net/honeygrl/terri.txt
The following points out the crux of the problem. Terri is very possibly in the state she is in due to her husband. The evidence, which was never investigated by law enforcement points in that direction. It appears that Michael Schiavo, in collusion with Attorney Felos and 'Judge' Greer, are involved in a criminal enterprise to have the state of Florida finish off what Michael started. As other FReepers have pointed out, it appears that these three may have been engaging in this death-for-profit with other patients for some time, but Terri, and Terri's parents, have refused to go quietly, upsetting their apple cart. The following is an excerpt from the link http://webpages.charter.net/honeygrl/terri.txt :
"....49. Terri has not been certified as "terminally ill" as required by federal regulations for the use of federal funds for hospice care, yet has resided at Hospice Woodside since March or April, 2000.
50. Upon information and belief, defendant Schiavo has never paid the bill from defendant Hospice of the Florida Sun Coast, Inc. (Hospice Woodside). [interesting factoid, since this 'hospice' is in debt to the Federal Government for almost $15, and Schiavo received over $1 million dollars for Terri's care. However, the law would seem to have been written for him: 744.358 Liability of a guardian.-- (1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.]
51. Co-conspirator Felos is a former Chairman of the Board of defendant Hospice of the Florida Sun Coast, Inc.
52. It is believed that co-conspirator George J. Felos combined and conspired with defendant 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.
53. A certified nursing assistant, Carolyn Johnson, came forward on August 28, 2003, in reaction to the publicity surrounding Governor Jeb Bush's intervention in the related case at the Florida Circuit Court level, and revealed that she quit her job at the Sabal Palms Nursing Home, in Largo, Florida, where Terri was once a patient, after being told that defendant Michael Schiavo had ordered no rehabilitative therapy for Terri, a situation quite unlike that obtaining with the patient in the bed next to hers. (See Ms. Johnson's affidavit annexed hereto.)
54. Also attached hereto is a similar affidavit from Carla Sauer Iyer, R.N., who worked at Palm Garden of Largo Convalescent Center, in Largo, from April 1995 to July 1996, while Terri was a patient there. Moreover, paragraph 11 of Nurse Iyer's affidavit strongly suggests the possibility that defendant Michael Schiavo may have wrongly given Terri doses of Regular Insulin while he was alone with her in her room at Palm Garden of Largo.
55. Defendant Schiavo, a state actor in his capacity as the state court-appointed guardian of the person of Theresa Marie Schiavo, upon information and belief, may be using the judicial processes of the State of Florida to conceal prior criminal activity.[ evidence that he may have caused severe trauma to her, including strangulation ]
56. Since February 25, 1990, Terri Schiavo has remained profoundly disabled.
57. Despite her profound disability, however, Terri responds with love and affection to her plaintiff parents, responds to commands, responds to visitors who sing Catholic and secular hymns and songs to her (even on at least one occasion by raising her eyes and her usually rigid arms over her chest as though in an attempt to keep time with
the melody, and showing an expression of appreciation), and vocalizes in context- appropriate ways.
58. Defendant 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.
59. Were Terri to undergo the barium swallow test, her swallowing of the thick white liquid substance might prove that she in fact is able to eat and that, therefore, there should be no court order to bring about her death by starvation and dehydration.
60. Notwithstanding 13½ years of abuse and neglect at the hands of her husband, Terri remains responsive to her environment and a clear candidate for rehabilitative therapy as required by the ADA and by the Rehabilitation Act of 1973. This is shown by the following facts: a) approximately a year after the anoxia incident of February 1990, Terri was crying out, "No, no!" and "Stop!" during physical therapy sessions, which defendant Schiavo arranged to be abandoned after 1993. Her statement of pain prompted the aforementioned bone scan revealing evidence of traumatic bone fractures; b) she laughs, smiles, and responds to commands (see Exhibit "B", a color photograph of Terri smiling in her plaintiff mother's immediate presence); and c) she approvingly responds to singing by visitors she seems familiar with, even going so far as to elevate her eyes and neck and lift her arms upward from her chest as though trying to keep the tempo of the melody for an appreciable length of time.
61. A copy of the affidavit of Dr. Alexander T. Gimon, attached hereto as Exhibit "C," presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy. Dr. Gimon, a clinical neuropsychologist, says on page 12 of the
affidavit: "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."
62. A copy of the affidavit of Sara Green Mele, a speech-language pathologist at the Rehabilitation Institute of Chicago who is also associated with Northwestern University's Feinberg's School of Medicine, is attached hereto as Exhibit "D." Ms. Mele states that Terri "has sufficient swallowing ability to handle her own secretions" and should receive modified barium swallow study "to assess swallow function for intake trials of thin and thick liquids and pureed consistencies." Ms. Mele states that Terri is clearly vocalizing in context-appropriate ways and would benefit from speech-language therapy, physical therapy, and occupational/recreational therapy. She believes such therapies would "significantly enhance" Terri's quality of life.
63. On or about August 14, 2003, Terri developed vomiting, coughing up of blood, and breathing difficulties, an emergency medical condition within the meaning of EMTALA. She was taken to Morton Plant Hospital in Clearwater and admitted.
64. On Thursday, August 20, 2003, Terri was discharged from Morton Plant Hospital without her condition having been stabilized.
65. This premature discharge from hospital may have been against medical advice, at the insistence of defendant Schiavo, as part of the "exit protocol".
66. On Sunday, August 24, 2003, Terri was returned from defendant Hospice Woodside to Morton Plant Hospital with a recurrence of vomiting and a 102 degree fever, and she subsequently was believed to be suffering from left lung pneumonia and sepsis.
67. In an apparent effort to hasten his wife's demise, defendant Schiavo directed non-party co-conspirator George J. Felos to seek an order from the state court trial judge terminating not only food and water, but also the administration of antibiotics and other treatments for the pneumonia. On Monday, August 25, Mr. Felos, conspiring with Mr. Schiavo in the latter's capacity as a state actor, brought an emergent motion in Florida's Sixth Judicial Circuit praying for this relief and for Terri to be provided with only "comfort care."
68. The trial judge, expressing concern about due process, denied this request by Messrs. Schiavo and Felos pending the September 11, 2003 hearing and the filing of a petition by Mr. Felos to terminate Terri's medical care.
69. The emergent motion by Felos and defendant Schiavo in the Sixth Judicial Circuit on August 25, 2003 was clearly part and parcel of the "exit protocol" devised by Mr. Felos, especially as the application is completely outside the ambit of Florida law on the treatment of hospital patients, as the application seeks the denial of antibiotics.
70. In the face of growing public outrage over the efforts of defendant Schiavo's determined efforts to secure the death of his own wife, the Honorable Jeb Bush, Governor of the State of Florida, personally wrote to the trial judge on August 26, 2003, urging him to appoint an independent guardian ad litem and to consider all new evidence regarding Mrs. Schiavo's capacity for rehabilitation and recovery of function.
71. In reaction to Governor Bush's action, Mr. Felos and defendant Schiavo held a news conference on August 26, 2003, during which they alleged that the Governor had interceded in the matter as part of a right wing, Right to Life conspiracy involving his political supporters.
72. At the news conference, Mr. Felos opined that providing Terri with antibiotics and other basic medical care for pneumonia and sepsis is "an example of the over- treatment of a terminally ill patient" and "excessive treatment of the terminally ill" which makes people "wonder why Medicare is going broke".[ THIS FROM AN ATTORNEY WHO HAS ADMITTED TO RECEIVING $500,000 FROM TERRI'S FUNDS, WHICH WERE TO BE USED FOR HER REHABILITATION, AND INSTEAD HAVE BEEN USED TO ENSURE HER DEATH!! ]
AMERICANS WITH DISABILITIES ACT
73. Plaintiffs repeat all of the allegations of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference.
74. 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.
75. 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.
DUE PROCESS VIOLATIONS: FIFTH AND FOURTEENTH AMENDMENT
76. Plaintiffs incorporate by reference all paragraphs above as if set forth verbatim and at length herein.
77. Regardless of what is provided by the laws of the State of Florida and regardless of the Florida District Court of Appeals decision mandating discontinuance of the G-tube, Terri has an independent right to life under the United States Constitution, Amendment V and the Fourteenth Amendment.
78. The state court proceedings and the minimal quality of proof required to establish clear and convincing evidence of Terri's supposed intent to refuse food and water as medical treatment constitute insufficient due process for protection of her federal constitutional right to life.
79. Terri's Fifth Amendment right to life is also violated by the ex post facto application to her situation of a 1999 Florida statutory amendment which by its terms operates only prospectively, adding food and hydration to the categories of medical treatment a patient has the right to refuse under that state's Living Will Law and that state's Constitution. [ SEE NOTE BELOW* ]
80. There was no evidence in the state court proceedings that Terri ever referred specifically to food and hydration in her alleged remark about "nothing artificial" made at a time when Florida law did not allow for termination of food and hydration.[ SEE SAME NOTE* BELOW].
81. 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 most of the time. [ REQUIRED BY FLORIDA LAW ON GUARDIANSHIP http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/ch0744.htm ].
82. Terri briefly did have the service of Richard L. Pearse, Esq., appointed by the court in 1998.
83. Attorney Pearse was dismissed from the case by the state court on motion by George J. Felos, Esq., the non-party co-conspirator herein, after the former filed a report concluding that Michael Schiavo had an irreconcilable conflict of interest due to Schiavo's relationship with another woman, his financial stake in Terri's death, and the fact that he tried to let Terri die of a urinary tract infection in 1993.
84. The state court proceedings which led to the Florida Second District Court of Appeals' fateful August 22, 2003 order severely prejudiced Terri's federal constitutional and statutory rights, which were never defended and in fact were violated. The violations included: a) ineffective assistance of counsel, b) due process violations, and c) blatant conflict of interest with Terri's guardian, defendant Michael Schiavo, as more fully set forth above.
REHABILITATION ACT OF 1973
85. Plaintiffs repeat each and every allegation of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference.
86. 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...."
87. Defendant Hospice Woodside is subject to the Act because it receives federal funding.
88. The aforesaid acts and omissions of defendants have violated Terri's right to rehabilitation under the Act.
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;
(2) to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or
(3) to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.
(b) Construction and treatment of certain services
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.
I'd like to point out a few other things:
WHO CAN BE A GUARDIAN?
..."(3) DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward's best interest. [ BOTH SCHIAVO'S ATTORNEY, FELOS, AND THE JUDGE IN THE CASE, GEORGE GREER, HAVE TIES TO $UNCOAST HOSPICE.]
FReeper Quinn mentioned on another thread regarding Jeb's EO:
"I've been thinking about what a "more substantial" law should be. Perhaps a bill that would give the Governor the right to appoint a guardian ad litem in cases where a conflict of interest by the Court is suspected and the judge with jurisdiction in question has not properly recused himself. -Qwinn "
Quinn is right. I spent a little time reading the Statutes of Florida, and these guardianship/hospice/ laws look like they could have been written with a career for Schiavo/Felos/Greer in mind.
Look at the following, for example, which discusses the guardian's fees to be paid to the guardian's attorney out of the ward's monies, and to be approved by the 'court'.
(8) When court proceedings are instituted [read Greer's] to review or determine a guardian's [read Michael Schiavo] or an attorney's [read George Felos] fees under subsection (2), such proceedings are part of the guardianship administration process [read the guardianship board that Greer sits on ] and the costs, including fees for the guardian's [Schiavo's] attorney [Felos], shall be determined by the court [Greer's] and paid from the assets of the guardianship estate [Terri's] unless the court [Greer's] finds the requested compensation under subsection (2) to be substantially unreasonable.
There's no accountability here when all the players are in bed (Hospice) together.
This seems to me to go against the grain of the supposed intent of the legislation:
744.1012 Legislative intent.--The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the Legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.
Records are required to be kept, validated by oath. Did I read MS had been remiss in this?
744.104 Verification of documents.--When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: "Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief." Any person who shall willfully include a false statement in the document shall be guilty of perjury and upon conviction shall be punished accordingly.
The next part of the law REALLY gets my suspicions up:
"...(4) The Department of Elderly Affairs may adopt rules necessary to administer this section.
(5) A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state, may, but shall not be required to, register as a professional guardian under this section. If a trust company, state banking corporation, state savings association, national banking association, or federal savings and loan association described in this subsection elects to register as a professional guardian under this subsection, the requirements of subsection (3) shall not apply and the registration shall include only the name, address, and employer identification number of the registrant, the name and address of its registered agent, if any, and the documentation described in paragraph (3)(e).
(6) The Department of Elderly Affairs may contract with the Florida Guardianship Foundation or other not-for-profit entity to register professional guardians.
Sorry, this one is ripe for abuse, if you ask me. The elderly are OFTEN ALONE, vulnerable, and prone to being ripped off by con artists. Furthermore, I question why non-profits are used here, as non-profit means tax-exempt, and too many tax-exempts are dedicated to reducing this country to Communism. Banks are suspect because of their fractional reserve banking practices, tied to the international bankers who make up the 'Federal' Reserve, which is scandalous, if the truth would be known, and because if they are the guardians to some elderly persons with no family, think of the possibilities of embezzlement in the hands of someone like Schiavo/Felos/Greer. A quick trip to the death factory, the bank/trust pockets the ward's money, and no one's the wiser. I wonder if this is what has been going on at Suncoast with Felos and Greer.
At any rate, laws are being broken at both the state and federal level. Schiavo and Felos need to be taken off her case, arrested and held for suspicion of conspiracy to murder, and a host of other crimes someone should be able to come up with. There needs to be at the least restraining order preventing them from getting near Terri. Terri needs to be moved into protective custody away from any hospice or hospital connected with Schiavo/Felos/Greer, and her parents need to be established as her patient advocates, at the least. There needs to be some accountability from the persons in authority at both the state and federal level, because a lot of us out here are wondering how someone can commit murder in view of the whold world, and NO ONE, from the President of the United States and his attorney general on down, seem interested in stopping them.
The 2003 Florida Statutes
There are many areas where Schiavo et al could be breaking the law, but it would take someone very familiar with the details of the case to figure that out. There also appear to be many loopholes in the hole, which Felos and Greer have appeared to have taken full advantage of. [ Read Galatians 4; the law engendereth to bondage. For which reason Jesus Christ came, to fulfill the law, and make us free. The laws of this nation will work only for a good and righteous people; the trinity of Schiavo/Felos/Greer do not fit the bill.]
The 2003 Florida Statutes
CRIMES Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS View
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0825/ch0825.htm
"... 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.
This is a case for John [I will defend the 'rule of law'] Ashcroft. Where is he?????
Former Florida Supreme Court Chief Justice Gerald Kogan is on record as saying there is no difference between physician assisted death and refusing to undergo medical care.
He received an award from the ACLU (at a 1999 banquet----oh the irony) for his "bravery" in dissenting from other Fl St. Su Ct justices in a "right-to-be-killed-by-a-doctor" case.
Kogan currently heads the Alliance for Ethical Government, in Miami and has offices at his alma mater, the University of Miami. He is well-situated to influence the thinking of future lawyers.
He is against the death penalty, because someone who is incorrectly executed can not be brought back out of the grave.
I'm bookmarking this thread.
Thanks for all the work.
We know for sure that he is not using his brain, if he has one.
Felos said earlier that the woman was quietly dying after the tube was removed, that her heartbeat had become irregular and her kidneys were shutting down, and that it was "simply inhumane and barbaric to interrupt her death process."
I am willing to bet that this death process is continuing, and will be complete before we know it if there is no intervention.
September 5, 2003, 10:55 a.m.
Schiavos Date with Death
A Florida woman needs non-dehydration intervention.
By Wesley J. Smith
"...Dr. William Hammesfahr, a world-renowned expert in cases such as Terri's and a Nobel Prize nominee testified that Terri is not in a PVS. He also testified that he believes he could help her improve her circumstances through proper medical treatment. Ten other physicians have testified or given statements that Terri is not unconscious. Judge Greer instead chose to believe contrary testimony by a doctor who rarely sees Terri and another doctor, who makes an avocation of testifying in cases such as Terri's throughout the country, always on the side of dehydration.
Despite the clear financial and personal conflicts of interest, Judge Greer repeatedly sides with Michael and against Terri's father, mother, and siblings, who want to care for her for the rest of her life. This means that the man who might benefit financially from his wife's death and who has clear personal reasons for wanting Terri to die continues to have almost sole say over how she is treated and cared for or denied care on a daily basis...."
"...On August 26, reacting to the political heat, and no doubt genuinely concerned with Terri's plight, Bush wrote a letter to Judge Greer requesting that he postpone the dehydration and appoint a guardian ad litem to look into Terri's case. In this regard, it is worth noting that Terri once had a guardian ad litem who recommended against the requested dehydration. Perhaps this is why Judge Greer respectfully told Gov. Bush that he would put the governor's letter in the file with no action taken.
Bush's letter was a nice first step but was clearly insufficient. The time has come for the State of Florida to attempt to formally intervene in the case. Indeed, there are enough substantial questions about the propriety of what is transpiring in Terri's case, that Bush should take whatever legal action is necessary to make the state Terri's official guardian. [ The Governor is to SEE THAT THE LAWS OF THE STATE OF FLORIDA ARE FAITHFULLY EXECUTED. If no one can visit Terri or get news of her health without Michael's permission (so-called patient 'privacy' laws are complicit with this ongoing crime), than how can the Governor SEE anything? He needs to have a guard and a lawyer there protecting Terri's interests 24/7. Waiting 4 more days is unacceptable, and will most likely prove fatal to Terri. Is that the plan?? ]
Taking such action would prevent a husband with too many conflicts of interest from continuing to be in charge of Terri's care. It would permit an objective, professional guardian with no intimate ties to Terri to bring order to this emotionally devastating case and determine:...."
Because if she recovers and can SAY that she was STRANGLED, BEATEN and GIVEN INSULIN SHOTS to cause INSULIN SHOCK---ALL designed to KILL her---then "LOVING" Michael would be CONVICVTED of ATTEMPTED MURDER and get LIFE IN PRISON or the DEATH PENALTY!!!
"LOVING" husband Michael MUST have Terri DEAD!
Apparently Terri's only one of many victims in this scheme. Sad.
No wonder Terri is so jealously kept....$$$$$
Pray for the Jeb's administrative skill...he's gonna need it to battle these turds in the judiciary, the attorneys, and the medical service providers. They're sharks. Vipers. Evil. Rich and despirate and mean and connected.
I also hope Ashcroft can devote some resources...they are afoul of Federal Law if the allegations are true. At least there's enough to initiate an investigation.
I'm not optimistic about justice. Seen too many of these types of cases quietly disappear. This is making me ill.
But I know these kinds of thieves:
I had a dentist all through my life who drilled and filled my teeth with aplomb...he said it was my bad eating and brushing habits.
As an adult, I visited after a seven year hiatus to have a filling examined. He told me that I had ten cavities that had to be attended to...thousands of dollars of work. He made an appointment for me. I got suspicious , got a second opinion (no cavities) , and made a trip to Boston to report him to the Licensing Board and submit to official examination.
He got away with a censure...his assistant had signed the diagnostic....a violation of state law....but he could not be held accountable for the plot.
When I told my mum about this, she told me she stopped going to see him years earlier 'cause he groped her.
I also found out later that his assistant...the former wife of a new friend...had divorced my bud to marry the good doc, and that she described to being part of a regular enterprise of filling good teeth.
The good doc practiced several more years and retired to Florida. He's got a big boat. Big house. No conscience.
When I did that I saw the name schiavomarjory, which is hidden and does not show up on the web page.
The name Marjory Schiavo, shows up as a secretary (and hidden name) in many other corporations listed at sunbiz.org.
If I do a search on "schiavomarjory" at sunbiz.org on the corporate officer/registered agent search page I get
Isn't it odd that schiavomarjory is involved in a lot of other companies and is the hidden name on the webpage for Jerger and Centonze "Insurnace" Agency, which was the Agency Michael was a director for?
Is it possible that Michael has a hidden connection with some of those corporations?
*The name Marjour appears on the web page, but if you look at the image of the actual papers you can see the name of the secretary is really "Marjory."
I AM RESPONDING: "That is just pure Barbra Streisand!!!" You don't KNOW what SHE wanted! You just know what "LOVING" husband Michael wants!"
I AM ADDING: "Did you know I am the sole heir of Howard Hughes' Estate! How do you KNOW? Because I just TOLD you so! [Surely someone wouldn't LIE to obtain BILLIONS of Dollars, would they?]
I AM ADDING: "Do I have ANY proof?...Do I have ANY written, notarized documentation? Not a SHRED of EVIDENCE!...But I AM...I MUST be!...Just because I TOLD you so! (NOT!)
I AM ADDING: "I cannot believe the COURTS have been HOODWINKED by "LOVING" husband Michael! They are KILLING a disabled woman by the WORD of a person who stands to GAIN AT LEAST $1.2 MILLION (Plus a BOOK DEAL)---but ONLY if the disabled woman DIES and cannot speak before she dies to CONFIRM FIRST HAND if he is LYING---and then they let the person who MOST LIKELY is the CAUSE of the injury be the GUARDIAN!!!!! It is INSANE!!!
I AM ADDING: "What other cases do you know of where the courts so easily award the DEATH PENALTY of a 100% INNOCENT VICTIM based on the HEARSAY of someone who stands to GAIN MILLIONS of Dollars and may avoid being CONVICTED of ATTEMPTED MURDER if they can keep the 100% INNOCENT VICTIM from EVER speaking up?????"
I AM ADDING: "When somebody has something BIG to GAIN by LYING and they have NO WRITTEN, NOTARIZED, DOCUMENTATED EVIDENCE, it OUGHT to TELL you something!...IT DIDN'T HAPPEN!!!!!
I AM ADDING: "If Terri had WANTED to be KILLED by her "LOVING" husband Michael, she would have put it in WRITING via a LIVING WILL!!!"
I AM ADDING: "LOVING" husband Michael WANTS---and NEEDS---Terri DEAD!!!
Or, for that matter, suppose there's other criminal malfeasance on the part of Michael, Felos, and Greer would could only be buried with Terri dead. Seems to me that if shown that could be enough for attempted murder right there (though that case would drag trough appeals courts for milenia).
I AM RESPONDING: "I agreed with EVERYTHING you said until you got to the part about his motives being "ENTIRELY financial." I believe that they were ORIGINALLY financial, but are no longer "ENTIRELY" financial."
I AM ADDING: "The Schindlers have offered "LOVING" Hitleresque-husband Michael something like $500,000 to let THEM be Terri's Guardian and let "LOVING" Hitleresque-husband Michael bow out. "LOVING" Hitleresque-husband Michael has REFUSED to allow them to take over."
I AM ADDING: "That tells me "LOVING" Hitleresque-husband Michael NEEDS Terri DEAD! He also wants NO AUTOPSY and CREMATION. The only reason I can think of that that would be the case is if HE NEEDS TO COVER UP ONE OR MORE CRIMES---the BEST of which is MISAPPLICATION OF FIDUCIARY PROPERTY."
I AM ADDING: "Based on "LOVING" Hitleresque-husband Michael's continued NON-DOCUMENTED, NON-NOTARIZED, NON-WRITTEN claim that Terri "wouldn't have" wanted to "live this way," I am 100% CONVINCED that he is guilty of ATTEMPTED MURDER, not only in the very beginning, but also with apparently REPEATED INSULIN INJECTIONS and REPEATED DEMANDS for FOOD and WATER REMOVAL."
He probably felt remorse at first, along with a strong desire to turn back time. But guilt has a way of making people angry and resentful of the person who "makes" them feel guilty, and soon he wished she would just die already. I suspect he's already mentally spent the life insurance money so many times, he feels like the agrieved party because she's keeping him from what's rightfully his.
As for the malpractice money : I hope that gets thoroughly investigated. That was pure evil. The money was meant for Terri's therapy, and he has denied her any therapy and spent the money on his lawyer, himself, and that female with whom he cohabits.
Although I said 'sheerest conjecture', I base my opinions on the signed affadavits of Terri's nurses. I don't think they'd come forward and lie, endangering their current employment. I hope the nurse's testimony gets more attention.
Another thing : The media is looking more and more at MS, the allegations of abuse (in the marriage and through medical neglect afterwards), and of the financial mismanagemnt (at best) of the malpractice money. If worse comes to worse and Terri dies and MS collects the life insurance money-his reputation has been thoroughly blackened. I predict he will leave the country. He should fit in quite nicely in, say, Holland.
Are there any people who have worked with life insurance claims? Are there any grounds from what's been reported re: terri's case and MS's mistreatment of her, where a life insurance company could refuse to pay him out?
"The Schindlers and Schiavo have been feuding since 1993 when a fight almost broke out in Mrs. Schiavo's nursing home between her husband and father. Schiavo threw books, pushed a table and starting coming after Schindler until his wife intervened, Schindler said."
I posted something else from this article on another thread.