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It should not be forgotten that Terri already HAD a very pro-therapy Guardian Ad Litem, who was ignored and then dismissed!

Richard Pearse knows a lot and sided with Terri's family then Felos and Greer quashed the information illegally.

Pearse needs to be interviewed by Greta, Sean or Geraldo! He could really raise some red flags on this deal. Mr. and Mrs Schindler: you should ask him to join you if you are allowed equal time on LKL...

Richard L. Pearse Jr, Attorney at Law
Florida Bar No. 282723
Previous Guardian Ad Litem for Terri Schiavo

Part I
------

Will PM you all my information on Richard Pearse Jr, the attorney that was appointed to be Guardian ad litem for Terri several years ago. Attorney Pearse, (he offices in Clearwater) who was recommended to the Court's by George Felos, wrote a 10 page brief for the Court after his independent evaluation and effectively sided with Terri's Family against Michael.


Felos then got Legally Blind Judge Greer to ignore the entire report and presentation by licensed Attorney Pearse! in the 2000 trial(1)


Attorney Pearse got pissed and told Greer either to let him do his job or be excused as Guardian ad litem. Greer excused Pearse on George Felos advice, and a new Guardian ad litem was NEVER reappointed for Terri, again at Felos recommendation to the Court.


Terri has gone for years without a Guardian ad litem to protect her interest against Michael and Felos and Legally Blind Judge Greer has allowed it! Attorney Pearse has to protect his license to practice law before the Florida Board and Attorney Pearse has to follow the law. That is why he asked to be excused from the case when Judge Greer was effectively letting George Felos act as Judge in this case, in my humble opinion! The whole thing is just one more giant sham in Judge Greer's court room and in this case, in my humble opinion.
-----
(1) It is reported, Judge Greer cannot legally drive a car because of his lack of eye sight for Goss sakes. How does the Judge read all these very detailed court offered documents, by expert witnesses, in order to render proper Judicial process and decisions. - NO, in order to make a Judicial decision to effectively execute a severly disabled person by starvation, in my humble opinion.

Part II (This is from a colleague)

I am on a short schedule today, but here is some of the information I pieced together, from a substantial amount received from another forum member for review, regarding Richard Pearse, Attorney at Law who was Guardian Ad Litem (GAL) for Terri Schiavo at one time. Late tonight I will address all this information in full – Ed


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

In Short - WHAT IS GOING ON HERE ?!:



Everyone is talking about a new appointed GAL, when the previous GAL's findings were totally ignored. What is this, a "fish until you win" venture on the part of George Felos and his client Michael Schiavo!?



GAL Richard L Pearse, Jr., Attorney at Law was suddenly dismissed after filing his report in which he stated that it was his opinion that:



(1). Michael Schiavo was not a suitable guardian due to his standing to gain financially and



(2). The possibility of rehabilitation for Terri was too great to advocate any kind of Exit Protocol.



George Felos is the one who asked for a GAL in the first place! Felos doesn't like what he hears so he gets Judge Greer, who is legally blind per news reports, to totally quash this experts testimony. THIS IS CRAZY!



ATTORNEY PEARSE NEEDS TO BE CONTACTED IMMEDIATELY – HE IS EASY TO CONTACT PER BELOW:



October 24, 2003 – News Article



An independent guardian has not served in the Schiavo case since 1999, when Clearwater attorney Richard Pearse Jr. issued a report recommending Michael Schiavo not be allowed to disconnect Terri Schiavo's feeding tube among a number of other matters.



PEARSE SAID IN AN INTERVIEW LAST WEEK HE MADE THAT DETERMINATION BECAUSE MICHAEL SCHIAVO STOOD TO BENEFIT FINANCIALLY FROM HIS WIFE'S DEATH BY INHERITING ABOUT $750,000 IN A MEDICAL TRUST FUND.



HERE'S SOME PIECED TOGETHER INFO: - Some information is repetitive



--
RICHARD, L PEARSE, JR - FLORIDA ATTORNEY AT LAW,

GUARDIAN AD LITEM FOR TERRI SCHIAVO - AT ONE POINT IN THIS LITIGATION



In June 1998, soon after Michael asked the court for permission to remove Terri's feeding tube, the court appointed Richard L. Pearse, Jr. Attorney at Law as Terri's Guardian Ad Litem (GAL). Pearse's job was to investigate the facts of Terri's case and represent her interests in court. He issued a 10-page report in Dec. 1998 on his finding, and also in January 2000 testified on his findings before Judge Greer.



Ironically, at the beginning of the case in 1998, it was Attorney George Felos who requested an independent guardian for Terri Schiavo and recommended Richard Pearse Jr, Attorney at Law.



At a January 2000 trial, Pearse concluded that he had not found clear and convincing evidence that Terri would have rejected life support. He said she should be kept alive and questioned Michael's Schiavo's credibility.



Pearse urged in no uncertain terms that the petition for removing the feeding tube be denied. He made it clear that he did not believe Schiavo's sudden recollection of Terri's wishes.



Pearse stated "Regarding the pending petition filed by Mr.Michael Schiavo to withdraw the gastric feeding tube which sustains the ward (Terri), (ward = Terri throughout) Mr. Schiavo claims that the ward (Terri) told him after their marriage that she would not want to be kept alive artificially,"



Pearse wrote, "Mr. Schiavo indicated strongly to me (Attorney Pearse) that his petition to withdraw life support has nothing to do with the money held in the guardianship estate, which he would inherit upon the ward's (Terri's) death as her sole heir-in-law."



Pearce continued: "The only direct evidence probative of the issue of the ward's (Terri's) intent is Mr. Schiavo's hearsay testimony regarding removal the ward's feeding tube which would inevitably result in her death" However, his credibility is necessarily adversely affected by the obvious financial benefit to him in the event of her death while still married to him. Her death also permits him to "get on" with his life, as Mr. Schiavo stated during questioning."



Per Attorney Pearse's Report - "Since there is no corroborative evidence of the ward's (Terri's) intentions, and since the only witness claiming to have such evidence is the one person who will realize a direct and substantial financial benefit from the ward's death, the undersigned guardian ad litem is of the opinion that the evidence of the ward's (Terri's) intentions developed by the investigation, DOES NOT MEET THE CLEAR AND CONVINCING STANDARD."< In his report, Pearse said Michael Schiavo was not a credible witness to his wife's end-of-life wishes because he waited years before coming forward with the claim that she wanted to die. Pearse also noted that Michael Schiavo would benefit financially from her death and be able to "move on with his life" in Mr Schiavo's words.



Pearse stated that after Michael Schiavo received the malpractice settlement, "HE HAS A CHANGE OF HEART CONCERNING FURTHER TREATMENT OF HIS WIFE,". Pearse, noting that Schiavo would benefit financially if his wife died, recommended that the feeding tube remain.



That Michael Schiavo's attitude and actions changed as soon as the money from the malpractice suit was in the bank was not lost in Pearse's Expert Court Appointed Review. – (News Report Comment)



Per Attorney Pearse - "From that point forward, the ward's husband has isolated the ward from her parents, has on at least one occasion refused to consent for the ward to be treated for an infection, and, ultimately, four years later, has filed the instant petition for the withdrawal of life support on the basis of evidence apparently known only to him which could have been asserted at any time during the ward's illness," he said.



Attorney Pearse said he was "troubled by the fact that Michael waited until 1998 to petition to remove the feeding tube, even though he claims to have known her wishes all along, and that he waited until he won a malpractice suit based on a professed desire to take care of her into old age".



Pearse continued: As her husband, Michael would inherit what is left of her malpractice award, originally $700,000, which is held in a trust fund administered by the court. Accounting of the fund is sealed. BUT MICHAEL'S LAWYER, GEORGE FELOS, SAID MOST OF IT HAS BEEN SPENT ON LEGAL FEES ASSOCIATED WITH THE CUSTODY DISPUTE.



Pearse also said he did not find Joan and Scott Schiavo's testimony credible.<<<<<<<<<<<<<



* * INTERESTING - By the time the case came to trial in Jan. 2000, Michael Schiavo had found two witnesses to corroborate his version of Terri's wishes: Scott Schiavo, his brother, and Joan Schiavo, a sister-in-law. When Pearse initially became involved in 1998 Michael had NO OTHER WITNESSES TO HIS STORY * * .



Pearse stated "One of the interesting and ironic aspects of this case is that all of the parties have portrayed themselves as representing her interests," he said. "It's always desirable that a person in Terri's position have an independent representative who has no particular interest in the case other than Terri." (THIS IS STANDARD JUDICIAL PROCEDURE IN CASES LIKE THIS – PARTICULARLY WITH THE LACK OF AGREEMENT BETWEEN FAMILY MEMBERS. – Ed)



Pearse recommended that a guardian ad litem (not necessarily himself) be appointed to protect Terri's interests on a go-forward basis.



Charging Pearse was "biased", Felos promptly had Pearse removed as guardian ad litem. No one was appointed in his place by Judge Greer.



GEORGE FELOS RECOMMENDED A GUARDIAN AD LITEM IN THE FIRST PLACE. FELOS DIDN'T LIKE WHAT THE EXPERT WITNESS ATTORNEY PEARSE HAD TO SAY, THEN HAD JUDGE GREER REMOVE PEARSE AND NULLIFY THIS EXPERT WITNESSES TESTIMONY – IS THIS DUE PROCESS AND PROPER ETHICAL STANDARDS REQUIRED OF A FLORIDA JUDGE ?! WHAT IS GOING ON HERE! - ED



Greer accepted their testimony as "creditable and reliable." .......(This is inferior to "clear and convincing" required in Attorney Pearse's expert report, and clearly would have been the prudent requirement under Florida Law for the Judge to require in these unusual circumstances - Ed.



Judge Greer also dismissed the criticism that "Michael Schiavo has not acted in good faith by waiting eight plus years" to file his petition. "THAT ASSERTION HARDLY SEEMS WORTHY OF COMMENT," GREER SAID.



GREER RULED IN MICHAEL SCHIAVO'S FAVOR.



Other Added Info:



Pearse stated in this report - "Since there is no corroborative evidence of the ward's (Terri's) intentions, and since the only witness claiming to have such evidence is the one person who will realize a direct and substantial financial benefit from the ward's death, the undersigned guardian ad litem is of the opinion that the evidence of the ward's intentions developed by the investigation, DOES NOT MEET THE CLEAR AND CONVINCING STANDARD."<< THESE ARE VERY IMPORTANT LEGAL WORDS - ED



VVVVVVVVVVVVVVVV



The Schindlers had contacted a woman Michael dated in 1991 who told them Michael had confessed to her he did not know what Terri would want. Although the woman refused to sign an affidavit, it bought the Schindlers some time.



And with it, they found Trudy Capone.



A former co-worker of Michael's, Capone signed an affidavit on May 9, 2001, stating "Michael confided in me all the time about Terri ...He said to me many times that he had no idea what her wishes were."



Attorney Patricia Anderson, who began representing the Schindlers in 2001, said the failure to replace Pearse has hindered the parents' case because Michael Schiavo, as Terri's legal guardian, controls her medical care and even her visitors.



The parents' hands are tied in terms of what evidence they could present," she said, "because they didn't have access to Terri. They're not even permitted to know if she's been running a temperature. If a guardian ad litem had been appointed, it would have been a different story."


1 posted on 10/31/2003 8:16:52 PM PST by Future Useless Eater
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To: FL_engineer
Before anyone flames me, I have already concluded that the husband is the villain here, with the complicity of the courts. But who called the paramedics onto the scene in the first place? Did Michael mistakenly presume his wife was too far gone to survive, and attempt to cover his tracks by portraying the "concerned husband" and call the paramedics himself?
241 posted on 11/02/2003 10:06:44 PM PST by bjcintennessee (Don't Sweat the Small Stuff)
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To: FL_engineer; NYer; sweetliberty; EternalVigilance; floriduh voter; tutstar; Canticle_of_Deborah; ...
This is a story from my area about a beautiful teenaged girl, Maria Tetto, who suffered brain injuries in an accident a few years ago.

Like Terri Schiavo, Maria is still fed with a gastric tube.

Unlike Terri, Maria has been allowed to receive rehabilitation therapy, and today she talks, laughs, keeps a journal and goes to school:

11/03/03 - Posted 12:21:28 AM from the Daily Record newsroom
Maria Tetto who emerged from a coma after an accident six years ago, shares a laugh with her father, Frank. Tyson Trish / Daily Record

Decisions of a lifetime

By Abbott Koloff, Daily Record

They talked to their daughter constantly, promising that if she came out of a coma they would allow her to get her ears pierced. They had argued about that before the accident. Now, they just wanted to make their daughter laugh.

Then, one day, three months after the accident, Frank Tetto playfully hit his wife, Alycea, over the head with a pillow.

Their daughter Maria, now 18, smiled.

Frank Tetto said doctors didn't believe at first that his daughter really smiled. The Tettos held their daughter's hand and she squeezed back. Doctors said that was a reflex rather than a sign of conscious behavior, said the Tettos, who live in Mount Olive.

"It wasn't just a personal goal to get her to smile," Frank Tetto said this past week. "It was to get her to smile and to have people witness it."

Eventually, Tetto said, they did, and doctors acknowledged their daughter had made some progress. Then hospital officials said that progress wasn't enough to keep her in the hospital, according to Tetto, and there was not much more they could do. He said an insurance company refused to pay for rehabilitative therapy, saying his daughter needed custodial care instead.

In one way, the Tettos' case is similar to one now going on in Florida, where a family has been divided over what to do about a woman, Terri Schiavo, who has been in a coma for 13 years. The Tettos said they had to convince doctors and insurance companies that their daughter would benefit from various kinds of therapy and come all the way out of a coma, and one day talk to them.

In Florida, a husband fought to have his wife's feeding tube removed against her parents' wishes. The courts ruled in his favor because the woman once said she'd rather die than be kept alive this way.

The Florida Legislature passed a law that allowed Gov. Jeb Bush to sign an executive order putting back the feeding tube. The parents have been saying that their daughter responds to them. Doctors appointed by the court say the woman is making reflexive responses.

The Tettos did not have to make a life or death decision about their daughter, who had run into a truck while in-line skating across Route 46 in 1998. Soon afterward, doctors performed a test to determine whether Maria Tetto was brain dead, and her father thought about what he would do if they came back with bad news.

"I would have wanted to give it six more months, at least," Frank Tetto said.

"I just would have needed the time. I would have thought that removing her respirator at that point was premature."

But doctors found brain activity, so the Tettos said there was no decision to make.

Maria Tetto now gets around in a motorized wheelchair. She speaks well enough to be understood. She tells jokes and laughs. She attends special-education classes at Mount Olive Middle School. She writes a daily journal in a computer so she will remember what happened to her the day before. She doesn't remember the accident, but she does know that it happened on March 2, 1998. She also knows she was in a coma.

"I was absent," she said.

[snip} Making a choice

Frank Tetto says he understands why Schiavo's parents have fought to keep her alive. He says he knows what it's like to hope for miracles. He describes a constant battle with Prudential, an insurance company since bought out by Aetna, to provide treatment for his daughter. Prudential, he said, responded that his daughter was beyond rehabilitation.

"Their argument was that her care was custodial," Frank Tetto said.

Prudential, in a 1999 statement issued to the media, said it paid all claims covered by the Tettos' policy. But in 1998, the debate was not about what was covered. It was about what kind of treatment Maria Tetto should receive.

The insurance company told the Tettos in an April 1998 letter, five weeks after the accident, that their daughter did not need rehabilitative therapy. It said her treatment would be custodial, and that wasn't covered. Doctors at Specialized Children's Hospital in Mountainside, where Maria Tetto was taken after a month at Morristown Memorial, responded in a June 24 letter to Prudential that she should get therapy.

"To determine after five weeks that a child's needs are custodial contraindicates all research and experience," K. Yalamanchi, the attending physician, said in the letter.

The doctor went on to say that patients with similar injuries continue to improve for a year.

Appeal after appeal

Maria Tetto was described in medical records as being in a coma in April 1998, when she made only nonspecific responses to various kinds of stimulation. Two months later, the Tettos say she smiled for the first time. Doctors eventually agreed that Maria Tetto had made some progress, Frank Tetto said, but at some point hospital officials told him that she was not going to get much more benefit from therapy. They told the Tettos, in a letter, that their daughter was going to be discharged Aug. 21, 1998.

"I went ballistic," Tetto said.

He filed one appeal, and then another, delaying the discharge for months. He said some doctors and nurses at the hospital encouraged him to keep fighting.

Meanwhile, according to letters from the insurance company, Prudential agreed to pay for a portion of Maria Tetto's hospital stay, which it previously said would not be covered. A spokeswoman for Children's Specialized Hospital said last week that the case records were not available, and officials could not comment on it.

When Maria Tetto was released in December 1998, she still could not talk, according to her father, but she was able to follow directions. She could turn her head when asked. She was sent to a residential school and hospital, coming home on weekends. She gradually became more responsive and now lives at home. She says that her first words were similar to what she might have said as a baby: "Mama and papa."

The Tettos say they have no more problems with insurance. They say perhaps it's because they spent so much time fighting, threatening to go to the media, filing appeal after appeal, until they eventually were given much of what they say they needed.

"I think they red-flagged our file," Alycea Tetto said.

Therapy and drugs

So the Tettos say they have been able to try various types of therapy. They have been able to try drugs that they say have helped unclench their daughter's right hand, so that she can use it for writing. They have tried a special mechanism that blows air into their daughter's mouth that they say helps her to speak more clearly.

They said insurance paid for Maria Tetto's $25,000 motorized wheelchair, which can extend to put her in a standing position. Her leg muscles are fine, her parents said, and she has feeling in her legs, but is unable to stay balanced. She has trouble swallowing fluids, so she still has a feeding tube attached to her stomach. She has no short-term memory.

"She will forget you were here by tomorrow," Frank Tetto said to a visitor.

That's why Maria Tetto writes in her journal. She said that she wants to remember little things that happen to her during the day. She writes about things any teenager might be concerned about -- how people loved her new hairstyle, an orthodontist's appointment, hitting a gym teacher accidentally with a basketball. She had been in the school choir before the accident and still loves to sing. One day, not long ago, she said she sang "Silent Night" in front of her classmates.

"Want to hear?" she asked.

She sang it without missing a word. Then she turned her head to show off her earrings.

Abbott Koloff can be reached at akoloff@gannett.com or (973) 989-0652.

published in The Daily Record (Parsippany, NJ)

258 posted on 11/03/2003 6:04:52 AM PST by shhrubbery!
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To: FL_engineer
How about appointing a crime investigator!
280 posted on 11/03/2003 10:08:31 AM PST by Libertina
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To: WillRain
comments he made to a television station indicated he was biased against the newly enacted law. The judge said he found no evidence of bias.

JUDICIAL OUTRAGE PING.

If you want on or off this list, let me know.

293 posted on 11/03/2003 11:22:43 AM PST by BSunday (I'm not the bad guy.)
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To: FL_engineer
her heart stopped due to a chemical imbalance

a "chemical imbalance." What, like an injection of potassium solution? Calcium solution? that would do it.

308 posted on 11/03/2003 4:02:49 PM PST by Terriergal (Psalm 11: 3 "When the foundations are being destroyed, what can the righteous do?")
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To: FL_engineer
Judge Greer is a monster.
381 posted on 11/04/2003 3:43:14 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: FL_engineer
Pearse wrote, "Mr. Schiavo indicated strongly to me (Attorney Pearse) that his petition to withdraw life support has nothing to do with the money held in the guardianship estate, which he would inherit upon the ward's (Terri's) death as her sole heir-in-law."

LOL!

382 posted on 11/04/2003 3:44:32 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: FL_engineer
From NAL posts we have these statements:

From Jim Rob's freemail to NAL: Why don't you just leave this topic (Terri) and find something else to compalain about?

From NAL That was the entire communication I received from Jim Rob prior to my decision to cease posting in the 'save Terri' threads.

But in earlier posts NAL has posted this stuff:

TPlease respond only via Freepmail, i.e., "private reply," so that I may comply with the wishes of the owner of this site.]

Since, at the urging of this sites owner, I deciding just before sending these messages to cease participating in discussion / debate of this topic at this site,

FL-Engineer are these types or remarks that have your confused about the status of NAL posting rights on "Terri" threads?

SOunds tome like he can't keep his stories straight.

383 posted on 11/04/2003 4:21:37 PM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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