Parents of Terri Schindler-Schiavo Told to Pay to See Their Daughter

Clearwater, FL May 7, 2004: In yet another bizarre twist of the Terri Schindler-Schiavo case, the Schindler family was informed that they must now pay a fee for “security” each time that they want to visit their daughter.

On Wednesday, May 5, 2004, Deborah Bushnell of Dunedin, an attorney representing Michael Schiavo, faxed a letter to attorneys representing the parents of Terri Schindler-Schiavo.

In her communication, Ms. Bushnell recommended that Ms. Schiavo's parents could be permitted to visit their disabled daughter if they would agree to hire an off-duty police person to accompany them. This comes after attorney Patricia Anderson, who represents Ms. Schiavo's parents, filed a Writ of Quo Warranto, demanding that Mr. Schiavo demonstrate what authority he has to deny his wife visits from her immediate family. Should the Schindlers fail to pay, they would be denied visitation rights.

Ms. Schiavo currently has an off-duty police person, paid for by Hospice of the Florida Suncoast, assigned to her on a 24 hour a day basis. Additionally, the Schindlers have reported that, during their visits, nursing staff frequently enter their daughter's room.

Ms. Schiavo's parents, Bob and Mary Schindler, have not been permitted to visit her since March 29, 2004 (39 days), when attorney George Felos of Dunedin issued a press release stating that suspicious marks were found on her arm. A toxicology study conducted on Ms. Schiavo concluded that no unauthorized chemicals were found in her system. Ms. Schiavo's parents, along with her siblings, had attempted to visit her the following day at Park Place Assisted Living and were turned away by nursing staff in compliance with "Mr. Schiavo's orders".

By recommending that the financially-strapped Schindlers may only visit Terri if they pay yet another off-duty police person to accompany them, is an effort to inhibit them from freely seeing their own daughter. A couple of years ago, Michael Schiavo contacted Terri's parents and offered to give the balance of Terri's money over to charity. He and his attorneys used this a talking point for the media - claiming that Michael had no financial interest in Terri's death. What they neglected to mention was that that particular offer was predicated upon the Schindler's agreeing to Terri's dehydration and starvation death.

This latest tactic from Ms. Bushnell is really no different. I will not be surprised if Ms. Bushnell uses this as another talking point with the media in an attempt to make her and her client appear less cruel.

No mother should have to pay an admission fee to see her child on Mother's Day. Perhaps Ms. Bushnell has forgotten how most people spend Mother's Day."

You have no idea what Terri wants. The closest you may come is what you want.

You keep repeating that to the posters on this thread. We don't know what Terri wants. Maybe she wants an M1 Garand so she can get divorced, Italian style.

We have a duty as human beings to care and comfort those of us who can't do for themselves. By your reasoning, a mother should give birth then expect the infant to find the breast on his own. The infant is helpless and must be cared for and protected. What if we sit around and ponder whether this child actually wanted to be born alive? Do you see how completely idiotic this is? Do you care?

A feeding tube is NOT life support. It is assistance. I'll try and condense this story in keeping with your apparent lack of an attention span. After my mom developed pneumonia several years ago, I was talked into having a feeding tube for her. The excuse was because she could aspirate her food. My mom had a successful hip replacement, and was there solely for physical therapy, which she did not get. When you're in your 80's, and have Alzheimer's and dementia, it's a challenge to follow instructions. The therapists were lazy, and started to avoid me when I showed up every day with soft food. One day, a visiting therapist fed my mom a tray of soft food. She mopped the tray clean with her bread she was so hungry. When I demanded that my mom be fed soft food every day, the resident therapists blew up. It was the most unprofessional display I've ever seen. Then Medicare ran out. All of a sudden they remembered my phone number! I got 3 calls within a week "reminding me" that I had to pay 4800.00 Fortunately, I had contracted with a Christian board and care facility close by my house, when my mom went in for her surgery. I called and told them what was going on. They refused to give my mom physical therapy, and they won't feed her. They sprang into action, and we got her out of there on a Hospice technicality. They were pissed, but couldn't do anything about it :-)

Mom ate like a horse. There were 5 other ladies at this facility, but my mom was their pet. She ate the Philipino food that they cooked for themselves. We actually were a little concerned that she was packing on too much weight, considering that because of the lack of therapy, she never again walked unassisted. She spent her remaining time on earth with good care and good food. We visited her regularly, and she got to know her great grandaughter.

Early September, she decided that she wanted to be with my dad, who passed away in '96. She gradually quit eating, and I took her to the doctor, who couldn't find anything wrong. They called me one day and told me that they were concerned about her breathing, so I went over there and my mom turned around and smiled and said she loved me. That was it. We called 911. She was ready to go. She passed away on my dad's birthday.

God decides the hour and the day, not some judge, or a homocidal husband. If she wanted to die, 6 days of starvation and dehydration would have done it's job.

This is why I support Terri's right to live, and to get the care that is her God given right. What part of this do you not understand?

You would think he would know the laws better, especially since he sits on the guardianship committee. Which makes this all the more disturbing.

744.3215 Rights of persons determined incapacitated.

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(VIOLATED - Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered such things as "NONE" for his plan of action.)

(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED - The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)

(c) To be restored to capacity at the earliest possible time.
(VIOLATED - Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(VIOLATED deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law. Terri has been denied food and water on two occasions and simple treatment for infections which could prove fatal without proper treatment.)

(e) To have a qualified guardian.
(VIOLATED - her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward’s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(VIOLATED - Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company. She is not permitted in common areas of the facility, nor is she permitted outside of the facility under the orders of her husband/guardian)

(g) To be properly educated.

(VIOLATED - Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. It is also believed that she has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(VIOLATED - Terri’s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)

(i) To receive necessary services and rehabilitation.
(VIOLATED - Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)

(l) To counsel.
(VIOLATED - Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)

(m) To receive visitors and communicate with others.
(VIOLATED - Terri’s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court’s prior approval and on personal whim.)

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(VIOLATED - Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.

(VIOLATED - Terri was admitted to a Hospice facility in 2000 without prior court approval and in violation of Federal laws pertaining to Hospice confinement qualifications.)

(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment.

(VIOLATED - Terri Schiavo was subjected to experimental implant surgery in 1993 without prior court approval and without recommendation of her attending physician. Additionally, she was transported across state lines for said surgery. Follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)

744.2025 Change of ward's residence.

(1) PRIOR COURT APPROVAL REQUIRED.--A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward's current residence. Any guardian who wishes to remove the ward from the ward's current county of residence to another county which is not adjacent to the ward's current county of residence must obtain court approval prior to removal of the ward.

(VIOLATED - Terri Schiavo was moved to a Hospice facility in 2000 by her husband without prior court approval. The Hospice House in question was served by his attorney, George Felos, in the capacity of Chairman up until that same time.)

744.3145 Guardian education requirements

(4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 1 year after his or her appointment as guardian.

(VIOLATED - See Above.)

798.01 Living in open adultery

Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

(VIOLATED - Michael Schiavo has cohabitated and fathered children with another woman while still married to Terri Schiavo.)

825.102 - Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults.

(1) "Abuse of an elderly person or disabled adult" means:

(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;

(VIOLATED - Physical injury by denial of simple procedures to alleviate painful contractures of the hands and possible disfigurement because of said contractures. Psychological abuse in denial of company, stimulation, acts of caging.)

(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

(VIOLATED - Intentional denial of treatment for simple infection with the knowledge that doing so would hasten death 1993.)

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

(VIOLATED - By instructing caregivers not to provide relief of contractures; by instructing doctors not to treat for simple infection.)

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:

(a) Commits aggravated battery on an elderly person or disabled adult;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult;

(VIOLATED - Denial of human comfort and spiritual comfort at personal whim. Terri Schiavo is also wrongfully caged, kept confined to a single room and without stimulation or ability to be taken outside.)

(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

(VIOLATED - Terri suffers from severe contractures in her hands because of lack of care.)

1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

(VIOLATED - Denial of treatment of simple infection which would, on Schiavo’s own admission, hasten death, removal of food and water, denial of medicine.)

2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

(VIOLATED - The results of a 1991 bone scan, indicating multiple and serious trauma to Terri’s body were never reported or investigated by her husband/guardian.)

825.103 Exploitation of an elderly person or disabled adult; penalties.

(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.

(VIOLATED - Funds that were awarded to Terri Schiavo have been spent down by Michael Schiavo to pay his legal fees. These funds were awarded to Terri Schiavo as a medical management/rehabilitation settlement and remain her property. Her guardian has all but wasted her entire estate on his own legal pursuits.)

Terri?s Collapse

Feb 25, 1990 Police Report
St Petersburg Police Department

July 27, 1992 Deposition of Michael Schiavo for
Medical Malpractice Trial

January 27, 2000 Trial Testimony

WRITER RESPONDED TO THE ABOVE ADDRESS IN REFERENCE TO PARAMEDICS NEEDING ASSISTANCE ON A MEDICAL EMERGENCY.

UPON ARRIVAL, WRITER SPOKE WITH FIREFIGHTER/PARAMEDIC J. RADJESKI. HE STATED HE RESPONDED TO THE ADDRESS FOR A MEDICAL EMERGENCY. THEY FOUND A SUBJECT IN QUESTION (THERESA) LYING FACE DOWN AND UNCONSCIOUS HALFWAY IN AND HALFWAY OUT OF A BATHROOM.

Arrived: 06:33 Completed: 08:55

Q. Now, what - when you saw her, do you know what time it was?

SCHIAVO: I believe it was almost five a.m..

Q. When you saw her, how was she lying; in other words, on her back or ?

SCHIAVO: On her back.

Q. What did you do, then, after you ?

SCHIAVO: After she fell?

Q. After you found her in the hallway.

SCHIAVO: I was ? I was to her within two seconds. I seen she stopped breathing. I ran to the phone, called 911 within five seconds and panicked.

Q. What did you do, then ? after that?

SCHIAVO: I went over to her. I ? I thought maybe ? I just started talking to her and hold her. I didn?t know what to do.

Q. Did you do any CPR?

SCHIAVO: No.

Q. Okay ? after 911 and after you were holding her, what was ? what then happened, was the next thing that happened?

SCHIAVO: I laid Terri down, I went over and called my ? I remember my brother-in-law lived in the same complex; I called him.

SCHIAVO: A few hours later, I was getting out of bed for some reason and I heard this thud. So, I ran out into the hall and I found Terri on the floor. I knelt down next to her and I turned her over because she sort of fell on her face. On her stomach and face.

I turned her over going, ?Terri, Terri. You okay?? She kind of had this gurgling noise. I laid her down and ran over and called 911. I called her brother who lived in the same complex as we did. I ran back to Terri. She was not moving. I held her in my arms until her brother got there.

(NOTE- Robert Schindler, Sr. has stated that Michael phoned him. He advised him to phone 911, hung up and phoned Robert Schindler, Jr.)

Larry King Live aired October 27, 2003

KING: Let's go back. What happened, Michael, on February 25, 1990?

I race out there and Terri was laying in the hall. I went down to get her. I thought, Well, maybe she just tripped or whatever. I rolled her over and she was lifeless. And it almost seems like she had this last breath.

So I held her in my arms, and I'm trying to shake her up. I ran over, I called 911. Her brother happened to live in the same complex as we did. I called him. I went back to Terri. And from there, six, seven minutes later, the paramedics...

So, the judge loves Michael and hates Terri? And is anxious to ignore the law to do so?

Greer could have a number of motivations. One thing which seems apparent from his handling of the case is that he has on a number of occasions 'let things slide' which he should not have. My personal suspicion is that the first few times he let things slide, it was out of a combination of laziness and incompetance; later, he came to recotnize that he had to continue to let things slide, no matter how outrageous they became, because to do otherwise would be to call attention to his earlier misfeasance and malfeasance.

If Michael loses guardianship of Terri, the new guardian will be required by law to audit the books that Michael was supposed to have kept and Judge Greer was supposed to have overseen. If the records show what they likely do (or, in WT-speak, have a 50% chance of showing) then Greer, Felos, and Schiavo are all going to be in a lot of trouble if they have to show the records to anyone charged with protecting Terri's interests.

As for the appeals courts, they're generally not well-designed to deal with judicial malfeasance and misfeasance. If a judge gives a rationalle for a decision which is legally faulty, an appeals court may require that the judge reconsider the case using a legally-correct one. On the other hand, if a judge gives a rationalle which would be correct if the evidence were as he claims it to be, appeals courts are often bound by trial courts' findings of fact.

It is only a slight exaggeration to suggest that if Terri were to walk into Greer's courtroom and Felos put up a doctor who testified that was merely a "reflex" action, that a finding by Greer to that effect would be almost unchallengeable (in fact, in that particular case, appeals courts might decide that the claim that an amulatory person was vegetative could not be believed by any reasonable judge, but there'd be no guarantee of that).

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