Terri Schiavo's Family Files Contempt Motion to Obtain Terri's Medical Info

LifeNews Online ^ | 02-25-04 | Steven Ertelt

[phenn]

Clearwater, FL (LifeNews.com) -- The family of Terri Schiavo, on Tuesday, filed a contempt of court motion against Terri's estranged husband Michael. They say he is once again withholding information from them concerning Terri's medical condition, in violation of a 1996 court order.

Last week, Terri began vomiting and Terri's parents, Bob and Mary Schindler, asked nursing and hospice staff what had caused it and what measures were being taken to treat Terri.

Terri is currently living at Park Place Assisted Living Facility in Clearwater, Florida, and staff at the facility told the Schindlers that they were under orders from Michael's attorneys not to divulge any information.

That prompted family attorney Pat Anderson to file a contempt of court motion against Michael.

A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment.

"Michael Schiavo's flagrant violation of the simple and understandable terms of the 1996 order is deliberate and contumacious," the motion says. "Its harm to the Schindlers is continuing in nature, but they are not the only ones harmed."

The motion says the Schindlers are concerned for their daughter because the vomiting "could result in aspirational pneumonia, a life-threating condition for a patient such as Terri, especially if left untreated."

Mary Schindler said she is worried that the positioning of Terri's body during the tube feedings is a possible cause for the vomiting.

The 1996 court order required Michael to notify any future nursing home that provides care or medical services to Terri "that he has no objections to the nursing home discussing [Terri's] medical condition with Robert Schindler or Mary Schindler."

The order also required Michael to provide the Schindlers with any neurological reports and to inform them of any "significant changes" in Terri's medical condition.

Additionally, a court order in September of 2003 directed Michael to provide a discharge summary from Morton Plant Hospital to Terri's parents. He has yet to comply.

Related web sites: Contempt motion - http://www.zimp.org/documents/022404contempt.pdf

Court order requiring Michael to provide medical info - http://www.zimp.org/documents/1996%20Court%20Order.pdf

[phenn]

1-800-96-abuse

I'll try to find information on the health board and department of professional regulations.

[windchime]

Thanks for the ping, cyn! Prayers for Terri and her family.

[phenn]

Terri's Story on FOX News Tonight
If you are able to tune in, Bobby Schindler, brother to Terri Schiavo, will appear on FOX News Live Weekend Edition tonight at 6.00pm ET. Mr. Schindler will be discussing new developments in Terri's case as well as ongoing court actions. He will be joined by a spokesperson who will speak to some of the major controversies in Terri's court case.

Please accept my apologies for the late notice. This has only been confirmed as of this morning.

We will attempt to post a transcript as soon as possible to www.terrisfight.org.

You can find your local FOX affiliate on http://tv.yahoo.com.

[GodBlessUSA]

Thank you for the ping

[Saundra Duffy]

When will Greer issue his verdict? Will Terri live or die? The suspense is killing her.

[phenn]

He did today. Motion to show cause for contempt of court is DENIED. I've not yet seen Greer's order, but will post it as soon as I have it. Apparently, affidavits are now 'hearsay'.

[cyn]

. . .

[cyn]

you KNOW Terri and all of you are in our prayers . . .

[cyn]

Here is the text of Judge Greer's order, issued today, taken from PDF from Terri's Fight website:

ORDER DENYING MOTION FOR ORDER TO SHOW CAUSE

This matter came before the Court at a hearing on March 26, 2004 on the Respondents’ Motion for an order to show cause why MICHAEL SCHIAVO as guardian of the person of Theresa Marie Schiavo should not be held in indirect criminal contempt for violation of the order requiring service of copy of annual reports of person on parents of the ward, entered June 18, 1996, by the Hon. Thomas E. Penick, Jr. Paragraph 3 of that order provides as follows:

“MICHAEL SCHIAVO, as guardian of the person of Theresa SCHIAVO, shall notify in writing any nursing home, which now or in the future provides care of medical services for THERESA SCHIAVO that he has no objections to the nursing home discussing Theresa Schiavo’s medical condition with Robert Schindler or Mary Schindler. Michael Schiavo shall promptly provide Robert Schindler or Mary Schindler a copy of any neurological reports regarding Theresa Schiavo. In addition, Michael Schiavo agrees to inform Robert Schindler and Mary Schindler as to any significant changes in Theresa Schiavo’s medical condition.”

The Motion was apparently triggered by incidents occurring in February 2004. Fla. R. Crim. P. 3.840(a) provides that a judge, based on the affidavit of a person “having knowledge of the facts”, may issue an Order to Show Cause. While Mrs. Schindler’s reason for not disclosing the sources of her information is understandable, the Rule nevertheless requires personal knowledge. See Hagan v. State, 853 So.2d 595 (Fla 5th DCA 2003). On their face, the affidavits submitted in support of the motion for an order to show cause do not demonstrate personal knowledge by the movant, Mary Schindler or by HEIDI LAW, the other affiant, of noncompliance with the 1996 order. While Mary Schindler does in the second sentence of paragraph 7 of her March 23, 2004 affidavit speak with personal knowledge, that knowledge is predicated upon the hearsay statement of the preceding sentence. Therefore it is

ORDERED AND ADJUDGED that the Motion for an Order to Show Cause is denied without prejudice for Respondents to file anew in accordance with the above-cited Rule.

DONE AND ORDERED in chambers, at Clearwater, Pinellas County, Florida this 29 day of March, 2004.

(signed) GEORGE W. GREER
Circuit Judge

~~~~~~~~~~~~~~~

This info from Terri's website "what you can do":

Terri is not alone... .

Over the past several months, more than 150,000 people took the time to sign a online petition to Florida's Governor, Jeb Bush. Thousands more wrote, phoned and faxed lawmakers in Florida. Because of this tremendous outpouring of concern, officials in Florida were made aware of the injustice taking place in Terri's case.

It is important not to give up hope. You can keep this issue in the view of our elected officials by keeping in contact with them.

MY NOTE: the family always appreciates your prayers and notes (send to address at website) letting them know you are thinking of them. Tuck in a check if you can.

Governor Jeb Bush (R)
Office of The Governor
Florida Capitol Building, PL-05
Tallahassee, FL 32399-0001
(850) 488-7146
(850) 488-4441
jeb@jeb.org

Attorney General Charlie Crist
Office of Attorney General
State of Florida
The Capitol
Tallahassee, FL 32399-1050
(850) 414-3990
Fax: (850) 487-2564
ag@oag.state.fl.us

State Attorney Bernie McCabe
14250 49th Street North
Clearwater, FL 33762
(727) 464-6221

[russesjunjee]

I'm not surprised...only more disgusted than ever.

*Wife has bed sores.( a strange turn of events since Michael and Felos have bragged in the past that Terri has had the best of care, and has never had a bed sore.)

*Wife is missing a tooth.(Teeth don't just fall out... do they?)

*Judge has once again ruled against the standard of the law.

*Husband refuses to share medical info with family.

*Husband's attorney had a "right to die" agenda.

*Senate majority leader blocks all legislation that might help wife.

* No one in law enforcement will step up and do the job they have taken an oath to do.

How could all of these factors be aligned against one innocent person and there not be a huge conspiracy involved?

[supercat]

While Mary Schindler does in the second sentence of paragraph 7 of her March 23, 2004 affidavit speak with personal knowledge, that knowledge is predicated upon the hearsay statement of the preceding sentence.

So if I'm understanding this right, the judge is saying that the fact that medical facilities have refused access to Terri or her records does not constitute "personal knowledge" that Michael failed to instruct them to provide such access.

Still, it would seem in a case like this that a reasonable judge would require the respondent to carry out the order in such manner as to provide proof of its execution [e.g. by having a process server give appropriate notice to the medical personnel and facilities in question].

BTW, did Michael give any testimony or post any affidavits in this manner? If not, the fact that someone swears under oath that they were denied access to documents they should have been allowed to access should at least be grounds for enough suspicion to make the court ask the respondent whether the previous court's orders had been carried out.

Otherwise there's a brilliant catch-22: unless they receive Michael's order, the medical facilities won't provide any evidence of whether or not they've received any order, and if they won't provide evidence of not having received it, then in Greer's view Michael can't be charged with not having given it.

[Pegita]

Heavenly Father, we return to give You thanks that You have looked upon this mother's child with the greatest mercy. If it were not so, she would have been destroyed long ago, such is the rage against her. We praise You for Your intervention at every turn ... we praise You for the measure of health that has sustained her despite lack of proper care ... we praise You that she is not bereft of family or friends, but multitudes speak her name before the Throne of Grace and in the public arena.

Yet, Merciful Father, there are moments of the greatest despair, for the forces of evil are set against her, and the very things that we hold dear, are the very things used to imprison her. There has not been remedy for this dear woman in the courts, yet these courts are supposed to protect the most vulnerable. There has not been proper personal care for Terri, yet she is in a place where care is to be given. She is denied the freshness of springtime and the warmth of sunlight from the very person who vowed to love and cherish her. Her world is upside down, O God ... our world is upside down, and we know not what to do to make it right.

Lead us anew in the way that we should go, for Terri's sake and for the sake of her family. Gather them to Yourself in comfort and assurance, for we cannot. Break the chains that bind her in a room centered in hell, for we cannot. But may the thunderous outcry from Your people reach the Throne of Grace and somehow come crashing back upon each one who has any part in this madness ... swiftly sweep them aside, such is their evil. Continue to store up every effort and every prayer and every tear and every hope and every moment until the day of full release ... the day of freedom for our beloved Terri. May it be soon, O God, may it be soon that the joy of her family will be full. Teach us to be constant in prayer until that time, in the Name of Jesus, I pray, Amen ...

[Pegita]

Just received from Fight4Terri@aol.com ...

-----

This is UNBELIEVABLE!

The Schindler's went to visit Terri today. The staff refused to speak to them at all. Not even a good afternoon. Terri was sitting in a chair by the window. Her hair had appeared to have finally been washed.

However, the Schindler's became startled to find that Terri is again missing another tooth. Two teeth missing within the course of a 10 day period.

The staff will NOT answer any questions as to where her tooth is.

The staff will NOT answer any questions regarding the open sore on her buttock.

This afternoon, Judge George Greer denied the motion to show cause for contempt of court against Michael Schiavo. In his order, Greer dismissed the affidavit of Terri's mother, Mary Schindler, as hearsay.

You can read a PDF of this order on: http://zimp.org/documents/032904denial.pdf

[stanz]

This is infuriating. There is obviously something dark and evil being perpetrated here. I can't understand how Greer keeps on protecting this scum Michael Schiavo. I fear for Terri's life.

[cyn]

TERRI NOW HAS 2 TEETH MISSING -- see pegita's post #173.

~~~ AND ~~~

Judge greer today DENIED the Schindlers motion to be told of changes in Terri's condition (text posted at #169 above).

Gov Bush -- 850-488-4441 or email in above post #163.

I'm thinking call Gov. Bush because of info in floriduh voter's 3/26 post from Cheryl Ford RN on the NEW TERRI'S DAILY THREAD --

Yesterday on March 25th, I received a voice mail message from a man named Tyrone from Ms. Graves office at 954-712-4607. He said that the attorney general's office "Charlie Crist" had sent out an opinion stating that they had no jurisdiction over anything that had to do with Terri Schiavo.

He then referred me to Governor Jeb Bush's office at 850-488-4441, stating that "Governor Bush has done a successful job in blocking problems that were related to Terri so far."

Any other ideas welcome. Prayers always.

[cyn]

that's what I understand it to be, too, thanks for your input. I'm pinging those who might know answers to your questions.

Key statement "a reasonable judge" . . . again the question is what recourseis there for Terri, esp. now that she is showing signs of neglect -- 2 missing teeth and a gaping bedsore.

[CindyDawg]

A dental evaluation would show if the teeth fell out from decay. It happens in nursing homes with the very elderly at times. Also, where exactly is the bed sore? Sitting on it extended periods of time probably isn't a good idea. I don't know about in Florida but here , pressure ulcers are not acceptable by the health department. The parents should call the state. They have to invesigate all complaints. (yeah, I know)

[cyn]

more contact info from that linked post:

Where Terri presently resides:
Park Place Assisted Living
2750 Drew Street Clearwater, Florida
727-799-2177

Florida’s Attorney General, Charlie Crist
The Capitol PL-01 Tallahassee, FL 32399-1050
Main office telephone numbers
Switchboard: 850-414-3300
Citizens Services: 850-414-3990
Fax: 850-410-1630
http://myfloridalegal.com/contact.nsf/contact

[cyn]

the decubitus ulcer is on her buttock -- I first saw it mentioned a few weeks ago; pegita refers to it in post #173.

Grrrrrrrr! You know.

[Ohioan from Florida]

Thanks so much for the ping. I am devastated! Somehow, I just didn't expect Greer to rule against the Schindlers saying that this was hearsay. My God, how low he has sunk! Has he honestly sold his soul? I've been praying that it weren't so, but with each ruling it becomes more apparent that he has indeed! Terri and the Schindlers need our help more than ever! Please, Lord, show us the way we are to go!