State Attorney Bernie McCabe has refused to investigate charges of physical abuse against a disabled Pinellas County woman - even though a bone scan indicated trauma. Mr. McCabe has refused to investigate well-founded allegations of abuse, neglect and exploitation against the same disabled woman - even though such offenses are felony crimes under Florida law.
In Pinellas County, Florida a woman by the name of Terri Schiavo may have endured physical abuse and neglect at the hands of her guardian and caretakers. These are serious crimes against a vulnerable person and call for immediate and thorough investigation. However, Mr. McCabe has shut down Florida Law Enforcement from doing so.
Will Mr. McCabe commit the same type of cover-up if your loved one is a possible victim? Act now by contacting Mr. McCabe and demanding that he do the job he was elected to do. It is his duty to all Pinellas County citizens.
Demand accountability from our elected officials.
Prayer ping for Terri.
Blessings,
trussell
If you want on/off my prayer ping list, please let me know. All requests happily honored.
The level of corruption is unreal.
Can this go to the federal level? How did that avenue with Ashcroft pan out?
Can you believe it?! I just called that number and someone actually answered the phone - a woman. She said I'd have to call back Monday when they open. So I will call tomorrow! Thanks for the number!!
Oh, crap. Here we go again.
Ok, I will call in the am....
To ALL: PLEASE PICK UP YOUR TORCH, INCORPORATE, SHARE, SEND THIS OUT TO THE OFFICIALS LISTED AND OTHERS AND PAPER THE INTERNET, MEDIA, ETC.
LOOK AT HIS WEBPAGE FOR FURTHER REFERENCE:
http://statty.co.pinellas.fl.us IF BERNIE HAS A CONFLICT OF INTEREST A SPECIAL PROSECUTOR MAY HAVE TO BE APPOINTED.
To:
State Attorney Bernie McCabe (727-464-6221),
BMcCabe@co.Pinellas.Fl.us, BERNIEMCCABE@FDLE.STATE.FL.US 12-15-2003
Dear State Attorney McCabe,
On 11-15-2003 I sent you a letter urgently requesting that you
begin a comprehensive investigation into past and ongoing violations
of Florida law under the mandate of Florida Statute 415.104.
I brought to your attention serious breaches of Florida laws by
Mr. Michael Schiavo in connection with his guardianship of Terri
Schindler-Schiavo, a disabled Florida adult. In my letter I asked
for a speedy transmittal of my report to all appropriate law
enforcement agencies. My reading of the law confirmed that FS 415.104
mandates that you begin investigating allegations within a 24-hour
period.
To date, I have not had a response from you. I will alert you once
more to the high probability of these felony crimes before looking
into remedies against your apparent refusal to act in accord with
the directives provided by the law.
All of the following allegations concern past and ongoing abuse
and neglect of vulnerable Florida adult, Theresa Schindler-Schiavo
by her estranged husband and guardian, Michael Schiavo. Specific
prosecutorial guidelines are provided in the Statutes under
pertinent sections titled "punishable under".
By unlawful guardianship commissions and omissions, Mr. Schiavo
denied Terri the retained right to be restored to capacity at the
earliest possible time. This failure to allow guaranteed services
is further aggravated by related denials of rights protected under
the Americans with Disabilities Act.
For ten years up to the present time Mr. Schiavo explicitly forbade
medical personnel to provide therapy for Terri that could accomplish
speedy restoration to which the law entitles her. By this he
knowingly and willfully contravened Section 744.3215(1)(c) of
the 2003 Florida Statutes.
Mr. Schiavo also denied his disabled adult ward essential
rehabilitative therapy enumerated along with other services as
retained rights in the 2003 Florida. By this he knowingly and
willfully contravened Section 744.3215(1)(i), which states that
"The right to receive necessary services and rehabilitation is
a retained right."
Regardless of the current medical debate regarding Terri's
precise diagnosis, the law states that retained rights, including
the right to necessary rehabilitative therapy may not be delegated
to the guardian (Section 744.3215(3)), because the ward retains
these rights for the duration of guardianship. The law is furthermore
clear in extending no authority to the court to waive, remove or
delegate the retained right to receive necessary services and
rehabilitation.
Section 765.401 pertaining to termination of life-prolonging
procedures does not permit the guardianship court to prohibit such
therapy, or to convey authority to do so to the guardian. By seizing
such unconveyable authority and by actively prohibiting such therapy,
Mr. Schiavo proved himself delinquent in the lawful exercise of
guardianship and stands in violation of Florida law.
Mr. Schiavo's violations include but are not limited to
obstructing Terri's retained right to the service necessary for
rehabilitating her swallowing function. The need for this
rehabilitation is underscored by the guardianship court's recent
order to have Terri's feeding tube removed. Without adequate use
of swallowing muscles Terri is in danger of death. By this unlawful
act, Mr. Schiavo additionally violated and continues to violate
Terri's Constitutional right to life.
The guardianship court's deferral to Mr. Schiavo's claims
that his wife wished to remain free of artificial life support
cannot be construed to indicate her wish to die from lack of the
basic necessities of food and water. At the time of her alleged
expression of an aversion to artificial life support, feeding tubes
were not included under that definition. That inclusion did not occur
until the passage of an amendment to the Florida Statutes in 1999.
As you well know, new legal definitions cannot be retroactively
applied to prior situations.
Nothing in the court's findings indicates that Terri would
consider oral feeding or the necessary therapy to facilitate it
a violation of her privacy. If that is not the case, then the
withdrawal of food and water and the therapy necessary to facilitate
oral feeding must be regarded as an invasion of her privacy and an
assault against her person.
By no interpretation of the law can Terri be said to have
relinquished her right to receive necessary rehabilitative therapy.
Therefore Mr. Schiavo's refusal to honor these rights is in
direct contravention of Florida law and constitutes a punishable
felony under Section 744.3215(1)(i).
In contravention of 2003 FS 825.102(3)2., Mr. Schiavo failed to
request an investigation indicated when a bone scan of Terri's
body revealed multiple fractures and head trauma. In defiance of a
court order, he then failed to inform Terri's family of the
discovery and proceeded to have the record of these injuries
sealed for over ten years. By these acts, Mr. Schiavo additionally
raised suspicions of his possible complicity in the causation of
Terri's injuries. This possibility must be investigated under
criminal statutes in addition to those pertaining to neglect,
abuse and aggravated abuse of a disabled adult.
In contravention of 2003 FS 744.3215(1)(a) (The right of persons
determined incapacitated to have an annual review of the guardianship
report and plan), Mr. Schiavo failed to provide the mandatory
guardianship report and plan for the past three years.
In contravention of 2003 FS 744.3215(f), Mr. Schiavo moved Terri
into hospice three years ago without the mandatory certification by
two physicians, thereby falsely imprisoning her and preventing her
from being in a more health-supporting environment such as the one
Terri's family is willing to provide for her. He forbade free and
unsupervised visits to Terri by her parents and siblings, despite
evidence that their presence provides warmth and comfort to her.
In contravention of 2003 F S 744.3215(l) (The right of persons
determined incapacitated to counsel and 2003 FS 744.3215(k) (The
right of persons determined incapacitated to have access to the
courts), Mr. Schiavo caused the dismissal of and failed to replace
Terri's Guardian ad Litem, thereby depriving her of her retained
rights to counsel and access to the courts.
Mr. Schiavo has been and is in the process of committing class 3 and
class 2 felonies under Sections 825.102(1), (2) and (3) pertaining to
abuse, aggravated abuse and neglect of an elderly person or disabled
adult.
In contravention of 2003 FS 825.102(1), Mr. Schiavo forbade the
rendering of basic oral hygiene to Terri, thereby increasing the
possibility of dental disfigurement and loss. He forbade the
application of standard joint mobilization movements, and by thus
impacting Terri's lymphatic activity and suppressing her immune
system put her at risk of disease, loss and disfigurement.
Upon the Governor's issue in October of this year of a specific
executive order to replace Terri's feeding tube, Mr. Schiavo
endangered her life by instructing his lawyer Barbara Bushnell to
threaten medical personnel with lawsuits, should they obey the law
by reinserting Terri's feeding tube.
During the period immediately preceding the executive order,
he forbade the administration of the Last Rites of Terri's faith,
in particular the spiritual comfort of Holy Communion, thereby
causing spiritual anguish and loss of salvatory hope. By this act,
Mr. Schiavo additionally violated Terri's civil right to the
exercise of her religion.
In contravention of 2003 F S 825.102(2)(b), Mr. Schiavo forbade the
placing of a washcloth to prevent Terri's fingernails from
cutting into her palms, thereby increasing the risk of painful,
disfiguring lacerations and health-threatening infections. He
failed to repair or permit the replacement of a broken wheel chair
that would allow Terri to be taken outdoors, thereby depriving her
of the comfort and the health-giving effects of fresh air,
sunshine and auditory stimulation.
He reduced the possibility of beneficial therapy by illicitly holding
Terri in a death-oriented hospice for three years, despite the fact
that she showed no signs of impending physical death. By this act,
Mr. Schiavo additionally violated Federal Statutes mandating a
diagnosis of "terminal" by two independent physicians prior to
placement in hospice.
In contravention of 2003 FS 825.102(2)(c) Mr. Schiavo endangered
Terri's life by seeking to prevent the realization of an
executive order by Governor Bush to replace Terri's feeding tube,
despite the fact that the Florida Legislature had empowered the
Governor through passage of a specific law.
In contravention of 2003 FS 825.102(3)(a)1., Mr. Schiavo forbade the
administration of standard antibiotics for infections resulting in
pain, possible disfigurement and potentially fatal sepsis. He refused
to allow Terri's examination by neurology specialists, thereby
diminishing Terri's opportunities to benefit from new therapies
discovered during the ten years that he had deprived her of therapy
altogether.
He failed to allow Terri to receive treatment by a speech therapist,
thereby depriving Terri of opportunities to demonstrate consciousness
and communication facility. He ordered the removal from Terri's
room of faith inspiring and comforting symbols of her religion,
thereby neglecting Terri's spiritual well being. He ordered the
removal from Terri's room of pictures of her loved ones, comfort-
giving items from her past and objects that could provide beneficial
sensory stimulation, thereby diminishing Terri's opportunity for
gaining responsiveness.
The above and other felony offenses by Mr. Schiavo are punishable as
provided in s. 775.082, s. 775.083, or s. 775.084 and other sections
of the criminal statutes. In light of these alleged multiple felony
violations by Mr. Schiavo I urgently request that you investigate his
behavior and make the necessary reports to law enforcement within the
specified time frame. It is of the utmost urgency that you carry out
your mandate as State Attorney of the State of Florida and protect
Terri Schindler-Schiavo against further neglect, abuse and other
harm from Mr. Schiavo.
Please contact me at the earliest possible time to inform me of the
course of action you are taking in this matter of grave concern. I
specifically request that you inform me in case there are additional
steps I should take to ensure that my allegations are followed by you
in the spirit of Florida Statute 415.104 and all applicable Florida
laws. Please be aware that I will consider an absence of additional
instructions from you as your agreement that my report to you
followed proper protocol and that you will treat it with all
diligence described in Florida law.
Sincerely,
..............
Cc.:
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