Posted on 02/21/2005 12:43:42 PM PST by paltz
If everyone remembers the O. J. Simpson case, the prosecutors were unable to get a conviction for criminal charges, because the jury was not convinced beyond a reasonable doubt, but he was found guilty of wrongful death (murder) in a civil lawsuit by the parents. It cost him a fortune to fight in these cases and his reputation is still ruined. No doubt he has nightmares and ongoing psychological problems, recurring bills for therapy, etc. as will Michael Schiavo. It will never end, and never get better for Michael Schiavo - only worse. He thinks he has problems now?
The standard of proof in civil suits is lower and needs to be proven only by a preponderance of evidence. Plus all the proceedings so far have been before one very biased man, Judge Greer. The outcome will be very different when this case is presented before a jury.
There are numerous red flag issues here that will be fodder for civil lawsuits for many years to come.
If everyone remembers the O. J. Simpson case, the prosecutors were unable to get a conviction for criminal charges, because the jury was not convinced beyond a reasonable doubt, but he was found guilty of wrongful death (murder) in a civil lawsuit by the parents. It cost him a fortune to fight in these cases and his reputation is still ruined. No doubt he has nightmares and ongoing psychological problems, recurring bills for therapy, etc. as will Michael Schiavo. It will never end, and never get better for Michael Schiavo - only worse. He thinks he has problems now?
The standard of proof in civil suits is lower and needs to be proven only by a preponderance of evidence. Plus all the proceedings so far have been before one very biased man, Judge Greer. The outcome will be very different when this case is presented before a jury.
There are numerous red flag issues here that will be fodder for civil lawsuits for many years to come.
The Schindler family can file a civil lawsuit against Michael Schiavo for wrongful death, the doctors, involved for malpractice, Judge Greer for malfeasance, and the state of Florida (Department of Children and Families) for failure to protect the life of a disabled person, including doctors who examined Terri and found her condition of rigid neck, and then the injuries shown on the bone scan. They did not notify authorities of a "possible" abuse situation. This is malpractice.
These lawsuits will give them access to all records and documentation. A private investigator can be hired (if one is not already working on this) to search for witnesses (such as neighbors, friends, hospital workers or coworkers) that could provide testimony regarding any prior abuse situations. The investigator also will find proof of collusion and conspiracy between certain doctors who claimed Terri is in a PVS, the hospice, George Felos and Judge Greer. If proof is covered up, if records are destroyed, these will come out. If there is a link showing Judge Greer was prejudiced and had conflicts of interest that should have made him recuse himself, then he liable. He will be removed from the bench.
If everyone remembers the O. J. Simpson case, the prosecutors were unable to get a conviction for criminal charges, because the jury was not convinced beyond a reasonable doubt, but he was found guilty of wrongful death (murder) in a civil lawsuit by the parents. It cost him a fortune to fight in these cases and his reputation is still ruined. No doubt he has nightmares and ongoing psychological problems, recurring bills for therapy, etc. as will Michael Schiavo. It will never end, and never get better for Michael Schiavo - only worse. He thinks he has problems now?
The standard of proof in civil suits is lower and needs to be proven only by a preponderance of evidence. Plus all the proceedings so far have been before one very biased man, Judge Greer. The outcome will be very different when this case is presented before a jury.
There are numerous red flag issues here that will be fodder for civil lawsuits for many years to come. The Schindler family can file a civil lawsuit against Michael Schiavo for wrongful death, the doctors, involved for malpractice, Judge Greer for malfeasance, and the state of Florida (Department of Children and Families) for failure to protect the life of a disabled person, including doctors who examined Terri and found her condition of rigid neck, and then the injuries shown on the bone scan. They did not notify authorities of a "possible" abuse situation. This is malpractice.
These lawsuits will give them access to all records and documentation. A private investigator can be hired (if one is not already working on this) to search for witnesses (such as neighbors, friends, hospital workers or coworkers) that could provide testimony regarding any prior abuse situations. The investigator also will find proof of collusion and conspiracy between certain doctors who claimed Terri is in a PVS, the hospice, George Felos and Judge Greer. If proof is covered up, if records are destroyed, these will come out. If there is a link showing Judge Greer was prejudiced and had conflicts of interest that should have made him recuse himself, then he liable. He will be removed from the bench.
All will come out. These are the times for ultimate exposure. It will never, ever end and never, ever get better for Michael Schiavo in any way - only worse. His problems are just beginning. Just wait - It will be a very interesting show. All will come out. These are the times for ultimate exposure. It will never, ever end and never, ever get better for Michael Schiavo in any way - only worse. His problems are just beginning. Just wait - It will be a very interesting show. The Schindler family can file a civil lawsuit against Michael Schiavo for wrongful death, the doctors, involved for malpractice, Judge Greer for malfeasance, and the state of Florida (Department of Children and Families) for failure to protect the life of a disabled person, including doctors who examined Terri and found her condition of rigid neck, and then the injuries shown on the bone scan. They did not notify authorities of a "possible" abuse situation. This is malpractice.
These lawsuits will give them access to all records and documentation. A private investigator can be hired (if one is not already working on this) to search for witnesses (such as neighbors, friends, hospital workers or coworkers) that could provide testimony regarding any prior abuse situations. The investigator also will find proof of collusion and conspiracy between certain doctors who claimed Terri is in a PVS, the hospice, George Felos and Judge Greer. If proof is covered up, if records are destroyed, these will come out. If there is a link showing Judge Greer was prejudiced and had conflicts of interest that should have made him recuse himself, then he liable. He will be removed from the bench.
All will come out. These are the times for ultimate exposure. It will never, ever end and never, ever get better for Michael Schiavo in any way - only worse. His problems are just beginning. Just wait - It will be a very interesting show.
Terri Ping!!
Granted, even if what you say comes to pass, Terri will be gone.
Where is the justice for Terri?
So hard to understand that, even after all that has been learned, the legal system is prepared to allow her murder.
If everyone remembers the O. J. Simpson case, the prosecutors were unable to get a conviction for criminal charges, because the jury was not convinced beyond a reasonable doubt, but he was found guilty of wrongful death (murder) in a civil lawsuit by the parents. It cost him a fortune to fight in these cases and his reputation is still ruined. No doubt he has nightmares and ongoing psychological problems, recurring bills for therapy, etc. as will Michael Schiavo. It will never end, and never get better for Michael Schiavo - only worse. He thinks he has problems now?
The standard of proof in civil suits is lower and needs to be proven only by a preponderance of evidence. Plus all the proceedings so far have been before one very biased man, Judge Greer. The outcome will be very different when this case is presented before a jury.
There are numerous red flag issues here that will be fodder for civil lawsuits for many years to come.
The Schindler family can file a civil lawsuit against Michael Schiavo for wrongful death, the doctors, involved for malpractice, Judge Greer for malfeasance, and the state of Florida (Department of Children and Families) for failure to protect the life of a disabled person, including doctors who examined Terri and found her condition of rigid neck, and then the injuries shown on the bone scan. They did not notify authorities of a "possible" abuse situation. This is malpractice.
These lawsuits will give them access to all records and documentation. A private investigator can be hired (if one is not already working on this) to search for witnesses (such as neighbors, friends, hospital workers or coworkers) that could provide testimony regarding any prior abuse situations. The investigator also will find proof of collusion and conspiracy between certain doctors who claimed Terri is in a PVS, the hospice, George Felos and Judge Greer. If proof is covered up, if records are destroyed, these will come out. If there is a link showing Judge Greer was prejudiced and had conflicts of interest that should have made him recuse himself, then he liable. He will be removed from the bench.
All will come out. These are the times for ultimate exposure. It will never, ever end and never, ever get better for Michael Schiavo in any way - only worse. His problems are just beginning. Just wait - It will be a very interesting show
I thought that Courts appointed "special guardians" for individuals such as Terri. Was this already tried?
Michael Schiavo is at least guilty of BIGAMY - sufficient evidence that he does not have Terri's best interests as first priority.
it amases me how mean and out right vicious the post are here.
You have no idea what mike is thinking, feeling, or the years of emotional abuse he has been put through.
It amases me that you seem to have the ability to read mikes mind, to know his inner most feelings and thought, I would suggest that you have yourself tested for true telepathic ability and prove it first prior to spouting off as to what is in Mikes head.
judge not, lest you be judged.
words you really should take to heart
Well that's where there might be wiggle room for Terri's parents/attorneys.
I remember that Georgia had a bigamy law - to commit adultery was in fact creating a "common law" marriage and thus committing the act of bigamy.
In all states, bigamy is illegal.
Another law that dissolves a marriage is abandonment - Michael Schiavo has physically abandoned Terri - any lawyer could get Terri a divorce on that basis.
Because of Terri's condition and Michaels conflicts of interest - it seems to me this is a perfect case for a Court-appointed lawyer/guardian for Terri. (OMG That wouldn't be that disgraceful Judge's court would it?)
Bashing the husband with claims of attempted murder, wife beating, etc. don't move the argument for life forward one iota.
One poster actually calls for his murder.
No they can't. She isn't dead.
Michael will also pay when he meets his creator.
"In the mid 1990s, according to another nurse's affidavit filed under penalty of perjury, Michael was overheard saying things such as, "When is she going to die," "Has she died yet?" and "When is that bitch going to die?"
http://www.nationalreview.com/comment/comment-smith090503.asp
What her husband may or may not have said has no bearing on any of this.
This is my last post on this topic.
Terri ping! If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!
The emotional abuse Mike has been put through? What, are you kidding me? Are you related to Michael, some cousin or uncle or something?
Yeah, the Schindlers are the big bad meanies around here! < shaking my head >
Not only the money, but the entire estate...quite a bit of which was purchased after he promised to care for her, and then took up with his girlfriend.
speaking of the girlfriend...she want's a Catholic wedding(posted in many Terri threads), which Michael cannot have if he divorces Terri!
Jesus said to judge righteous judgment...how often the people who quote judge that ye be not judged forget that. It sounds to me like you haven't fully researched the situation...there are a lot of transcripts from Michael that will put your hair on end. Do read if you haven't. The words from his own mouth may change your mind.
I tend to wonder if these pro MS posts on these Teri threads from long time FR's are mistakenly coming from the area of the "rights of fathers". No. Teri and MS didn't have kids, but many here get defensive about dads, husbands, boyfriends, etc... being accused of abuse in some way. Usually, it's over custody battles with small children. However, their posts are coming in uninformed, b/c they have not kept up w/ the case at hand. Other posters...I just don't know about.
These lawsuits will give them access to all records and documentation. A private investigator can be hired (if one is not already working on this) to search for witnesses (such as neighbors, friends, hospital workers or coworkers) that could provide testimony regarding any prior abuse situations. The investigator also will find proof of collusion and conspiracy between certain doctors who claimed Terri is in a PVS, the hospice, George Felos and Judge Greer. If proof is covered up, if records are destroyed, these will come out. If there is a link showing Judge Greer was prejudiced and had conflicts of interest that should have made him recuse himself, then he liable. He will be removed from the bench.
To: Conservative_Rob
"Not only the money, but the entire estate...quite a bit of which was purchased after he promised to care for her, and then took up with his girlfriend."
Michael, Felos, or Greer, or a real close friend of these guys?...very interesting first time post newbie.
Why, welcome to Free Republic!
Interesting that you sign on today and immediately take up for Michael's side on this. That's very thoughtful of you!
Smear campaign, hmm. I'm not gonna smear him. He will smear himself.
It's like I said in an earlier post...people who quote Jesus' "Judge Not" conveniently forget, "When you judge, judge righetous judgment." Funny, but I never hear the second part of that mentioned. ;-D
Poor little Mike wants the State of Florida to kill his wife for him.
Nuff said.
Felos was quoted 2 weeks ago as saying that there was roughly $60,000 left in the account. That would buy me some nice new furniture, and heck, probably some extra square footage on my home! I've always liked the idea of a sunroom in Ohio.
Insurance money? You mean to tell me that you believe that Prudential didn't have a life insurance policy for Terri? That's who she worked for before she collapsed. But even if her company stiffed her, do you mean to tell me that you actually believe that Michael didn't buy a policy from Jodi, his live-in? You know, that's the business they have together out of their home. Jodi sells all sorts of insurance, and Michael is a director for their company, Jerger and Centonze Insurance agency.
As for other money besides life insurance and rehab trust funds, I'm quite sure there's some money to be made in a book deal and movies out of this story. Hollywood would love to pay him handsomely for this one.
You don't like the judge not quote, then how about this one: "Let those among you without sin cast the first stone!" If you people are christians I am glad I am not a member of your churches. The invective, poison and not proven allegations that are throw on all of these Terris posts are just incredible! Maybe you should all do a little soul searching.
Just wondering if anyone else on FR calls Michael Schiavo as Mike.
I'm sure Laci Peterson's parents were mean to her husband Scott as well.
A decent husband doesn't melt down his wife's wedding rings to make jewelry for himself, at least not while the wife is alive.
A decent husband doesn't discuss indelicate details of his wife's gynecological exams on national television and insist that letting her bee seen publicly would "violate her privacy".
A decent husband who wanted to remain loyal to his wife would not move in with another woman, have two children by her, and pledge to marry her (a husband who divorced his incapacitated wife and then did those things should not be faulted for doing so, but he should no longer be considered the first wife's husband).
An honest person would not claim to reporters that it's the court, not him, who's trying to have Terri killed (Michael said that in an interview in 2003) when in fact he sought the court order .
I could go on, but my point is that Michael isn't just being accused of things by other people (who could, perhaps, be lying). Michael's own words and actions prove that he is a liar and not a decent husband.
ok, how and who put Terri on Medicare when she still had money in the bank?
Introducing things like Ms. Shook's affidavits makes this case a 'he-said/she-said'; the normal public perception of such things is that both sides lie about the same amount. Better to stick to Michael's own incontrovertible words and actions. For example, it's possible Michael didn't melt down his wife's wedding rings; there's no real proof that he did. But if he didn't melt them down, he told a vile lie on national television. Thus, whether Michael's statement is true or false, the fact that he made the statement proves that he is not a good and honest husband.
ping to something MS ought to be thinking about...
ping
>I thought that Courts appointed "special guardians" for >individuals such as Terri. Was this already tried?
That's the irony of this and the fury at the bias of this Judge Greer. Michael Schiavo himself has been appointed as her 'special guardian'. How's that for justice?
Judge Greer already appointed a guardian for Terri. That guardian makes his living by decreeing that innocent people must die. His name is Judge Greer; he is a murderer, and the local prosecutor should try him for attempted murder, except that Judge Greer would adjudicate that case, retaining Judge Greer as a defense attorney.
IMO MS divorced Terri when he melted down her wedding rings and made them into jewelry for himself. Too bad Judge Greer doesn't understand that action having the significance it really has.
There are actually several different Greek words in the New Testament which are translated into "judge".
The "judge not" word is referring to judging whether a person has received salvation.
One of the words means to "examine or investigate" which we "are" to do.
And MS living in a $240,000 home. Assets must be disclosed when a person applies for Medicaid. MS claims to have his 'wife's" best interests in mind but must not have counted some of his assets as shared by Terri.
if you people stopped an really listened to yourselves you are have made decisions and drawn conclusions not based on fact, but on emotional hype. Not one of you know what is going on in Mikes head. But at least one of you has called for his murder, others make extreme statements that they havent got a shred of evidence for. Otheres can not stand that they can not control the courts or lie, and i use that term specificly, to gain their ends.
I for one am willing to let mike be judged by god.
I judge the vast majority of you to worse christians that the witch hunters of the 1600's They were ingnorant, you are just plain evil.
so get a grip, and if you want to discuss this as mature men and woman and not as screaming fools, you might actually convince some one....
He only has his best interests in mind
What?
Emotional? You are the one calling names. I've never done that except to say maybe MS is a jerk.
How many times have you been to www.terrisfight.org?
How many hours have you spent researching Florida Statutes to see "if" the Judge is ruling according to law or not?
What is about MS melting down the wedding rings that bothers you? There's no guessing what' going on in his head about that. He spoke that to the nation on Larry King Live. I've never heard of anyone doing that even after their spouse died.
The following violations by Michael Schiavo of Florida Statutes were listed in a Petition to Remove Michael Schiavo as Guardian which was denied by Judge Greer.
Any one of the statutory reasons set forth below is sufficient to require removal of this guardian pursuant to § 744.474, Fla. Stat. In support, Petitioners say:
Failure to Discharge His Duties - § 744.474 (2), Fla. Stat.
1. The fundamental duty of the guardian as set forth in Chapter 744, Fla. Stat., is to protect the interests of the ward. From the statement of legislative intent to the detailed provisions concerning the annual plan, Florida law requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible. Schiavo has failed in each and every respect.
2. Terri has the right to be treated with dignity and respect and the right to privacy - rights that are retained by her notwithstanding the appointment of a guardian. Fla. Stat. § 744.3215. Despite this obligation, Schiavo affirmed on national television (Connie Chung, CNN, 11/4/02) that he is an adulterer and has had a child by his mistress. He made a mockery of his marriage to Terri, dismissing it as “a portion of my life” and that he “got on with” his affairs while still claiming to be a loving husband to Terri. When his counsel offered on this same show a veritable advertisement for adultery, Schiavo sat quietly by in condoning silence.
3. Fidelity is a key component of the respect and dignity that our society expects one spouse to afford the other; yet, this guardian believes that Terri’s disability releases him of his legal and moral responsibility. Indeed, the sanctity of his marriage, once espoused by Schiavo when it was in his financial interest to do so, is now publicly denigrated in heartless fashion.
4. Having expended almost all of Terri’s money in an attempt to kill[1]/ her rather than rehabilitate her (see below), this self-styled champion of her right to privacy has made clear that he has no regard for, and will not protect, Terri’s rights of privacy, dignity and respect. In addition to the public humiliation for Terri caused by both Schiavo’s nationally-televised statements and his public conduct, Schiavo has further condoned assaults on Terri’s privacy and dignity by his counsel who, in local and national media, has declared that Terri is no better than a house plant.
5. Terri deserves what any woman would want in these circumstances - the right to divorce this adulterer. Yet, Schiavo has failed to request authority from this Court to initiate the obvious petition. See Fla. Stat. § 744.3215(4)(c) (2002). There has been a de facto dissolution of this marriage which, in equity, should eliminate Schiavo’s suitability as Terri’s guardian.[2]/ In fact, Schiavo is Terri’s husband in name only, and it is upon that legal relationship that his right to be her guardian is based.
6. Terri also retains the right to be protected from exploitation, which includes the misuse of guardianship duties. Fla. Stat. §§ 744.3215(d) and 415.102(7). Another aspect of Schiavo’s media activities is that the appearance on the above- referenced national television show was, at least in part, for the purpose of promoting his counsel’s book.[3]/ To the extent that Schiavo has received any direct or indirect consideration from Mr. Felos or third parties for this or similar activity, it would constitute a misuse of Schiavo’s guardianship role and an exploitation of the ward. In the absence of such consideration, it nonetheless suggests the appearance of impropriety and is a further affront to the dignity of the ward.
7. Terri has the absolute right to receive necessary services and rehabilitation. Fla. Stat. § 744.3215 (2002). Schiavo has affirmatively prevented Terri from receiving these services from her caregivers. Further, he has confined her to the “death row” of Hospice for over two years while the appeals in this case have been pending, instead of leaving her in a nursing facility where she would receive the services and rehabilitation required by law.[4]/
8. Instead of fulfilling his duty to develop Terri’s abilities, Schiavo has at every turn attempted to increase her incapacity through the denial of basic health and rehabilitative services such as range of motion therapy, other physical therapy, orthopaedic evaluations and treatment, speech therapy, standard diagnostic tests and procedures, gynecological care, dental care, rehabilitation evaluations and cognitive therapy, as testimony in the recent evidentiary hearing revealed.
9. Schiavo has systematically isolated Terri and deprived her of sensory input.[5]/ Terri has the absolute right to receive visitors and communicate with others. Fla. Stat. § 744.3215. This right has been unlawfully and cruelly restricted by Schiavo, who has prevented visitors of whom he does not approve from seeing Terri, according to his own capricious and unreviewed bent.
10. He has prevented the flow of non-verbal communication between Terri and her parents and siblings by instructing her caregivers to give no such information about Terri’s behavior to her family.
11. Terri has the right to receive “palliative care” which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. Fla. Stat. § 765.102. This right is not limited to those with incurable or progressive illnesses.
12. As is reflected in each annual plan filed by him, Schiavo has made no attempt to provide such comprehensive care.
13. Knowing that Terri wants to get better, and would have always chosen rehabilitation over death, Schiavo consented, on Terri’s behalf, to an experimental medical procedure - the implantation of an electrode in her brain in December, 1990 in San Francisco.
14. However, this was yet another violation of his duties as guardian, because such consent was given by him without the necessary prior approval of the Court. Fla. Stat. § 744.3215(4). Now that it is no longer in Schiavo’s financial interest for Terri to receive treatment that could improve her condition, he is yet again violating his duty as her guardian by (a) ignoring and misrepresenting her wishes regarding potentially helpful treatment and (b) refusing to consent to treatment that could be beneficial to Terri.
15. The guardian is required by law to prepare and present an annual plan. Fla. Stat. § 744.3675. Throughout his tenure as guardian, Schiavo has filed the annual plans late or not at all, and has provided incomplete and inaccurate information. The Court recently signed yet another order permitting postponement of the filing of an annual plan.
16. Schiavo has failed to report, and affirmatively concealed, from this Court information concerning Terri’s awareness of her environment and her attempts at communication. Knowing that the attending physician and others would rely on information supplied by Schiavo as a basis for continuing to state an unchanged diagnosis, Schiavo has intentionally withheld information concerning Terri’s true condition: that she is conscious, aware and can swallow.
17. In a further attempt to conceal the truth from this Court, Schiavo has closely controlled access to Terri’s medical records and caregiver information in an attempt to prevent Petitioners from presenting additional evidence that Terri is conscious and is not receiving the medical and rehabilitative services that she requires and deserves.
18. Schiavo has reported in annual reports that Terri was receiving all medical services recommended by the physicians, but has actually forbidden treatment of any kind.
19. In his annual reports, Schiavo has completely failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by Fla. Stat. § 744.3675 (1)(b)(3, and has falsely stated that Terri could not benefit from physical therapy and other rehabilitative therapies.
20. The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation, and Terri is entitled to the protections afforded by this law.
21. “‘Abuse’ means any willful act or threatened act that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions.” Fla. Stat. § 415.102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse within the meaning of the Adult Protective Services Act as well as the guardianship statutes. Schiavo has failed to properly supervise the care provided by Hospice as is most recently illustrated by the fact that someone turned the thermostat in her room down to 64 degrees.[6]/
22. “Neglect” means the failure to provide care, supervision and services necessary to maintain the physical and mental heath of the vulnerable adult, including, but not limited to, medicine and medical services that a prudent person would consider essential to the well-being of a vulnerable adult. Fla. Stat. §415.102 (15)(2002). It further means the failure to make a reasonable effort to protect a vulnerable adult from the abuse, neglect or exploitation of others. Id. Schiavo has neglected Terri by failing to meet the essential requirements for Terri’s physical health and safety and by failing to develop her abilities and by medically sequestering her. He has scheduled insufficient physician’s attention for Terri who is prone to potentially lethal urinary tract infections. He has provided no speech, cognitive, physical or other rehabilitative therapy and has prevented caregivers from doing so.
23. Schiavo has year after year provided professional medical treatment to Terri that he describes in his annual reports as: “None.” Abuse of His Powers - Fla. Stat. § 744.474 (2)
24. The failures of Schiavo to discharge his duties as alleged above are not merely acts of omission; they are acts of commission that constitute an abuse of power, as well. Schiavo’s approach to his guardianship role is part of an overall scheme designed to serve solely the interests of Schiavo at Terri’s expense.
25. This scheme of abuse, neglect and exploitation includes the provision of certain care and testimony prior to receipt of a substantial medical malpractice award in early 1993, all of which was designed to cast Schiavo in the role of the loving, devoted husband who would spare no expense to see to the medical and rehabilitative needs of his wife for a long, full lifetime.[7]/
26. After receipt of the award, Schiavo’s conduct includes every attempt to facilitate the death of Terri before the money ran out.[8]/
27. Schiavo’s attempts to increase Terri’s disability continue, in that Terri has been isolated, information has been withheld from her loved ones, she has been denied basic health and rehabilitative services, her dental, gynecological, and orthopaedic care have been neglected, and her attending physician’s visits have been reduced to only three a year, if that. The reduction in the attention of a physician, under Schiavo’s direction, is particularly insidious because Terri is prone to urinary tract infections, but no medical precautions are taken to identify such infections at an early stage.
28. Indeed, according to Dr. Gambone, her treating physician, no medical attention is provided for such a dangerous infection unless Terri manages to “convince” the nursing staff to call the doctor, a difficult task for one who has received no rehabilitation to enhance her communicative skills.
29. A guardian may exercise only those rights that have been removed from the ward and delegated to the guardian. Fla. Stat. § 744.361 (1) (2002). Nonetheless, Schiavo has abused his position as guardian by directing her caregivers and physicians to deprive her of rights that are retained by Terri under Fla. Stat. § 744.3215, including the right to receive necessary services, rehabilitation and the companionship of others.
The Wasting, Embezzlement, or Other Mismanagement of the Ward’s Property and the Improper Management of the Ward’s Assets - Fla. Stat. §§ 744.474 (7) and 744.474 (16)
30. The management of the ward’s assets has largely been kept a secret and is protected by seal of this court. Nonetheless, what is revealed in this record is that while exhausting Terri’s money for the purpose of killing her, not one red cent could be found by Schiavo to enhance the quality of her life after receipt of the malpractice award. The use of almost $500,000 of guardianship funds for attorney’s fees and costs and the expenditure of nothing for therapy that would reduce the pain of contractures, enhance Terri’s ability to swallow, or facilitate recovery of basic abilities is the grossest form of asset mismanagement.
31. Schiavo’s decision to hold Terri at Hospice after it was clear that she was not “terminal” within Medicare guidelines was an improper use of the ward’s assets.[9]/ Terri’s attending physician, Dr. Victor Gambone, agreed at the evidentiary hearing before this Court in October, 2002, that Terri is not terminal and is not in any sort of crisis.
Development of a Conflict of Interest Between the Ward and the Guardian - §744.474 (11)
32. Serious conflicts of interest have arisen since the appointment of Schiavo as guardian. This guardian is not independent and impartial as required by Fla. Stat. § 744.446 (1), and Schiavo has used his fiduciary relationship to advance his private gain at the expense of Terri’s life. Schiavo admitted in his petition to withhold Terri’s food and hydration, dated May 8, 1998, that he will inherit the Ward’s estate and further admitted the likelihood that he would remarry.[10]
33. This is more than a likelihood now. Schiavo has moved in with his mistress and fathered her baby. The Second District Court of Appeal noted in this case that “there may be occasions when an inheritance could be a reason to question a surrogate’s ability to make an objective decision.” In re Schiavo, 780 So.2d 176, (Fla. 2d DCA 2001)(“Schiavo I”). There is now more than an inheritance at stake: a baby will continue to be denied a legally- recognized father every day that Terri lives.
34. Schiavo has repeatedly claimed that divorce will never be an option for him. This leaves only one option for his life plans: Terri’s death.
35. The conflict of interest arising from the fact that Schiavo will inherit Terri’s estate has not decreased as the guardianship fund has dwindled. There are other valuable assets of the estate, including Terri’s engagement and wedding rings that Schiavo has already appropriated to his own use by making jewelry for himself.[11]/
36. Schiavo’s recent involvement in the promotion of his counsel’s book raises Schiavo’s interest in Terri’s image and likeness which he has vigorously sought to preserve for her estate in the guise of protecting her privacy from unwanted intrusion but which may, instead, be groundwork to use her image and likeness for commercial gain after her death.
37. Furthermore, divorce may not be an attractive option for Schiavo, given the likelihood that he would be ordered to pay permanent alimony to help defray the cost of Terri’s care.
38. Testimony given during the October, 2002, evidentiary hearing in this case raises a question concerning the unexplained cause for Terri’s extraordinarily rigid neck, first noted when she presented at the emergency room after her collapse in February, 1990. This, together with a 1991 bone scan report that refers to a history of trauma, creates the need to further investigate the cause of the original injury, her care in the interim, and the effect of these injuries on the current diagnosis and prognosis for recovery.
39. Because Schiavo was alone with Terri at the time of the original injury and has been responsible for her care in the interim and in most cases has been the sole source of information about Terri’s history for her caregivers, there is an obvious and impermissible conflict of interest demonstrated by this failure to investigate these matters.
Guilt of an Offense Prohibited Under Fla. Stat. §§ 435.03 and 744.474 (12)
40. Schiavo’s record residence is a home that, according to his deposition testimony, he owns and lives in with his “girlfriend.” This is the same girlfriend who he admitted is the mother of his baby as discussed on the above-referenced national television program. This conduct is a violation of Fla. Stat. § 798.01, which makes living in open adultery a misdemeanor, and § 798.02, which similarly proscribes lewd and lascivious cohabitation.
41. Lewd and lascivious cohabitation is an offense prohibited under Fla. Stat. § 435.03, and Schiavo’s admissions to the requisite elements of this offense should be found to be guilt that disqualifies him as Terri’s guardian.[12]/
42. Furthermore, Schiavo’s abuse, neglect and/or exploitation of Terri, a vulnerable adult, should be found to be conduct prohibited by Fla. Stat. §§ 435.03 and 415.111.
Material Failure to Comply with the Guardianship Report - Fla. Stat. § 744.474(13)
43. The guardian is required by law to implement the guardianship plan. Fla. Stat. § 744.361 (4). As alleged herein, Schiavo has consistently failed to implement the guardianship plans in that he has committed to this court that Terri would receive necessary medical care and services when, in fact, such care and services have not been provided.
44. The most recent annual plan contains promised medical services and evaluations that are to obtained “without undue delay.” Nine months later, these things have not been accomplished.
Failure to Comply with the Rules For Timely Filing Guardianship Reports - Fla. Stat. §744.474 (14)
45. Throughout his tenure as guardian, Schiavo has repeatedly failed to comply with the rules for the timely filing of guardianship reports. Such reports have been either omitted or not filed on a timely basis, requiring the issuance of more than one order to show cause.
Failure to Fulfill the Guardianship Education Requirements - . §744.474 (15)
46. For over a decade, Schiavo flouted the guardian education requirements. His failure to receive the requisite education was an intentional act and did not arise from any ignorance of the requirement. This is further evidence that Schiavo has not taken his obligations to Terri seriously and is unsuitable as a guardian.
After Appointment, the Guardian Has Become a Disqualified Person as Set Forth in Fla. Stat. §§ 744.309 (3) and 744.474 (18)
47. Since his appointment as guardian, Schiavo has become a disqualified person within the meaning of Fla. Stat. § 744.309 (3), as set forth below.
48. Schiavo has demonstrated through repeated and gross failures to comply with the law that he is incapable of discharging the duties of guardian.
49. Schiavo is guilty of offenses prohibited under Fla. Stat. § 435.03.
50. Conflicts of interest exist which prevent Schiavo from being independent and impartial as required by Fla. Stat. § 744.446.
Other Violations under Florida Law against Terri Schiavo
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 "NONE" as 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.)
(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.)
(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. 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.)
(j) To be free from discrimination because of his or her incapacity.
(VIOLATED - Terri Schiavo has been denied due process in both the guardianship and federal courts.)
(k) To have access to the courts. (VIOLATED - See above.)
(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. The court may permit such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(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. Additionally, follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward
Schiavo lives with his "girlfriend" – the mother of his child.
If there is any doubt as to how long Michael has been in violation of the guardian statutes---- this from:
http://www.highway2health.net/schiavo_bottom.htm
A Bucks County, Pennsylvania newspaper on July 2, 1997, reported Michael's mother's death, "survived by Michael and fiancee' Jodi" Centonze. There's no mention of his WIFE Terri. ...Sooooo JODI has been a FIANCEE since at least July 1997.
Its funny, how does one ask a woman to marry you, while still being married to another woman, and a court has already judged the wife has a life expectancy of 45 MORE years.
Oh Lord of eternal compassion and mercy, by the words your Son has taught us, “I say to you, love your enemies and pray for those who persecute you,” (Mt 6:43) grant we beseech Thee to hear the prayers we offer in this novena for the conversion of Michael Schiavo. As in all things, may it be done according to Your Holy Will. Glory be...
A Novena for the
Conversion of Michael Schiavo
O, God, Lord of Life,
We bring before You, the life and soul of Michael Schiavo,
Whom You have redeemed by Your Precious Blood.
Mindful of Your boundless mercy, O Lord,
We beg You to grant Michael
The grace to know You and desire You with his whole heart
So that in this desiring, he may seek and find You
And in finding you, he may love You
And in loving You, he may lose the desire to end the life of
Your precious daughter, Theresa Marie.
We plead with You, O Lord,
To surround Theresa with Your constant protection
So that she and Michael,
Together with all the hosts of Angels and Saints,
May glorify Your Infinite Mercy for endless ages. Amen
Our Father...
Hail Mary...
Glory be...
Amen
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