Posted on 03/22/2005 8:35:01 AM PST by doug from upland
It appears that Terri Schiavo is going to be starved and dehydrated. I don't see how it going to be stopped short of a kidnapping to save her life.
If we are to believe sworn affidavits, Michael Schiavo denied his beloved wife rehab, speech, and occupational therapy. Terri actually was able to drink from a baby bottle and ate pudding and jello. He threatened to fire a nurse if she got nourishment from anything but the feeding tube?
Why just the feeding tube? Because he could have that pulled and starve her to death. He had no interest in seeing that she learn to eat again.
A nurse has said that Terri was able to say "mommy," "help me," "hi," and express when she was in pain.
Terri is also being denied communion.
Michael thinks it is over when he has managed to starve and dehydrate her to death? No, Michael, I don't think so.
There will be a wrongful death suit filed of perhaps $20 million. The evidence will come out about the denial of rehab. Her broken bones will be investigated. Ultimately, Michael, some of the truth is going to see the light of day. You are not going to get away with it. Not in this life. Not in the next.
www.terrisfight.org
I know Hildy, and God bless you for what you do.
I know, I almost choked on a piece of broccoli when I saw that. I think I've seen almost everything now.
Buckle yours and get a load of this!
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=1469&item=5567730590&rd=1&ssPageName=WDVW
I also took an oath to uphold the constitution of the United States against all enemies foreign and domestic. That oath was never rescinded.
Then again, this is what I would do, but I am not advocating it for anyone else. Each must exercise their own conscience.
I would feel compelled to leave him. I could never trust him again. Ruling on criminals is one thing but a helpless woman? No way...I wouldn't want him. I'd be ashamed of him forever.
I would feel compelled to leave him. I could never trust him again. Ruling on criminals is one thing but a helpless woman? No way...I wouldn't want him. I'd be ashamed of him forever.
I would feel compelled to leave him. I could never trust him again. Ruling on criminals is one thing but a helpless woman? No way...I wouldn't want him. I'd be ashamed of him forever.
I was JUST about to post same.
That's all due to Michael going there every day to make SURE Terri's getting PROPER CARE!
This is the official timeline, but nice try to edit history:
ETHICS HOME > SCHIAVO CASE RESOURCES > TIMELINE
KEY EVENTS IN THE CASE OF THERESA MARIE SCHIAVO
Steven Haidar, Dartmouth College/University of Miami
Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center
This content may be reproduced for non-commercial, education purposes only, with appropriate attribution to the source. (For more information, read our copyright policy.) Please send comments, suggestions and corrections to Ken Goodman, UM Ethics Programs, at ethics@miami.edu. News media and others seeking comment from Florida Bioethics Network leaders should call 305-243-5723.
Timeline
December 3, 1963
Theresa (Terri) Marie Schiavo is born.
Novermber 1984
Terri and Michael Schiavo are married.
February 25, 1990
Terri Schiavo suffers cardiac arrest, apparently caused by a potassium imbalance and leading to brain damage due to lack of oxygen. She was taken to the Humana Northside Hospital and was later given a percutaneous endoscopic gastrostomy (PEG) to provide nutrition and hydration.
May 12, 1990
Terri Schiavo is discharged from the hospital and taken to the College Park skilled care and rehabilitation facility.
June 18, 1990
Court appoints Michael Schiavo as guardian; Terri Schiavo’s parents do not object.
June 30, 1990
Terri Schiavo is transferred to Bayfront Hospital for further rehabilitation efforts.
September 1990
Terri Schiavo’s family brings her home, but three weeks later they return her to the College Park facility because the family is “overwhelmed by Terri’s care needs.”
November 1990
Michael Schiavo takes Terri Schiavo to California for experimental “brain stimulator” treatment, an experimental “thalamic stimulator implant” in her brain.
January 1991
The Schiavos return to Florida; Terri Schiavo is moved to the Mediplex Rehabilitation Center in Brandon where she receives 24-hour care.
July 19, 1991
Terri Schiavo is transferred to Sable Palms skilled care facility where she receives continuing neurological testing, and regular and aggressive speech/occupational therapy through 1994.
May 1992
Terri Schiavo’s parents, Robert and Mary Schindler, and Michael Schiavo stop living together.
August 1992
Terri Schiavo is awarded $250,000 in an out-of-court medical malpractice settlement with one of her physicians.
November 1992
The jury in the medical malpractice trial against another of Terri’s physicians awards more than one million dollars. In the end, after attorneys’ fees and other expenses, Michael Schiavo received about $300,000 and about $750,000 was put in a trust fund specifically for Terri Schiavo’s medical care.
February 14, 1993
Michael Schiavo and the Schindlers have a falling-out over the course of therapy for Terri Schiavo; Michael Schiavo claims that the Schindlers demand that he share the malpractice money with them.
July 29, 1993
Schindlers attempt to remove Michael Schiavo as Terri Schiavo’s guardian; the court later dismisses the suit.
March 1, 1994
First guardian ad litem, John H. Pecarek, submits his report. He states that Michael Schiavo has acted appropriately and attentively toward Terri Schiavo.
May 1998
Michael Schiavo petitions the court to authorize the removal of Terri Schiavo’s PEG tube; the Schindlers oppose, saying that Terri would want to remain alive. The court appoints Richard Pearse, Esq., to serve as the second guardian ad litem for Terri Schiavo.
December 20, 1998
The second guardian ad litem, Richard Pearse, Esq., issues his report in which he concluding that Terri Schiavo is in a persistent vegetative state with no chance of improvement and that Michael Schiavo’s decision-making may be influenced by the potential to inherit the remainder of Terri Schiavo’s estate.
January 24, 2000
The trial begins; Pinellas-Pasco County Circuit Court Judge George Greer presides.
Testimony of Father Gerard Murphy
February 11, 2000
Judge Greer rules that Terri Schiavo would have chosen to have the PEG tube removed, and therefore he orders it removed, which, according to doctors, will cause her death in approximately 7 to 14 days.
March 2, 2000
The Schindlers file a petition with Judge Greer to allow “swallowing” tests to be performed on Terri Schiavo to determine if she can consume—or learn to consume—nutrients on her own.
March 7, 2000
Judge Greer denies the Schindlers’ petition to perform “swallowing” tests on Terri Schiavo.
March 24, 2000
Judge Greer grants Michael Schiavo’s petition to limit visitation to Terri Schiavo as well as to bar pictures. Judge Greer also stays his order until 30 days beyond the final exhaustion of all appeals by the Schindlers.
3-24-00 Greer Stay and Order Limiting Visitation
January 24, 2001
Florida’s Second District Court of Appeal (2nd DCA) upholds Judge Greer’s ruling that permits the removal of Terri Schiavo’s PEG tube.
In re Schiavo, 780 So. 2d 176 (2nd DCA 2001), rehearing denied (Feb. 22, 2001), review denied, 789 So. 2d 348 (Fla. 2001). (Case No.: SC01-559)
1-24-01 DCA Ruling
February 22, 2001
The Schindler family’s motion for an Appellate Court rehearing is denied.
March 12, 2001
Michael Schiavo petitions Judge Greer to lift his stay, issued March 24, 2000, in order to permit the removal of Terri Shiavo’s PEG tube.
March 29, 2001
Judge Greer denies Michael Schiavo’s motion to lift stay issued on March 24, 2000; Michael Schiavo can remove Terri’s PEG tube at 1 p.m. on April 20.
3-29-01 Greer Order
April 10, 2001
The 2nd DCA denies the Schindlers’ motion to extend Judge Greer’s stay, which is scheduled to expire April 20, 2001.
4-10-01 DCA Order
April 12, 2001
The Schindlers file a motion requesting that Judge Greer recuse himself.
April 12, 2001
The Schindlers petition the Florida Supreme Court to stay the removal of Terri Schiavo’s PEG tube.
4-12-01 Motion for Stay Part 1
4-12-01 Motion for Stay Part 2
4-12-01 Court’s Request for Response from Schiavo
April 16, 2001
Judge Greer denies the Schindlers’ motion to recuse himself.
April 18, 2001
The Florida Supreme Court chooses not to review the decision of the 2nd DCA.
In re Schiavo, 789 So. 2d 248 (Fla. 2001). Case No.: SC01-559
3-22-01 Schindler family’s Notice to Appeal to Supreme Court
3-30-01 Schindlers’ Jurisdictional Brief Part 1
3-30-01 Schindlers’ Jurisdictional Brief Part 2
4-18-01 Order Denying Rehearing and Motion for Stay
April 20, 2001
Federal District Court Judge Richard Lazzara grants the Schindlers a stay until April 23, 2001, to exhaust all their possible appeals.
April 23, 2001
Justice Anthony M. Kennedy of the United States Supreme Court refuses to stay the case for a review by that Court.
April 24, 2001
By order of trial court Judge Greer, and upon issuance of a 2nd DCA mandate, Terri Schiavo’s PEG tube is removed
April 26, 2001
The Schindlers file an emergency motion with Judge Greer for relief from judgment based upon new evidence, which includes a claim that a former girlfriend of Michael Schiavo will testify that he lied about Terri Schiavo’s wishes; Judge Greer dismisses the motion as untimely. Also on this date, the Schindlers file a new civil suit that claims that Michael Schiavo perjured himself when he testified that Terri Schiavo had stated an aversion to remaining on life support. Pending this new civil trial, Circuit Court Judge Frank Quesada orders Terri Schiavo’s PEG tube to be reinserted.
April 30, 2001
Michael Schiavo files an emergency motion with the 2nd DCA to allow the removal of Terri Schiavo’s PEG tube.
May 9, 2001
The 2nd DCA announces a date for the hearing of oral arguments regarding Michael Schiavo’s motion of April 30, 2001.
June 25, 2001
Arguments in 2nd DCA regarding Michael Schiavo’s motion of April 30, 2001.
July 11, 2001
The 2nd DCA remands the case back to Judge Greer. (1) The 2nd DCA informs the Schindlers that they must address both their desire to have new evidence heard and their perjury claim against Michael Schiavo within the original guardianship proceeding; further, the Schindlers are instructed to file a new motion for relief from judgment in the guardianship proceeding. (2) The 2nd DCA instructs Judge Greer to weigh the Schinders’ new evidence in making a new determination of what Terri Schiavo would have wanted. (3) The 2nd DCA denies Michael Schiavo’s request to discontinue the PEG tube.
In re Schiavo, 792 So. 2d 551 (2nd DCA 2001).
7-11-01 DCA Order
August 7, 2001
After the 2nd DCA remands the case back to Judge Greer, he again finds that Michael Schiavo may remove Terri Schiavo’s PEG tube on August 28.
August 10, 2001
Judge Greer denies the Schindlers' motion (1) to have their own doctors examine Terri Schiavo, (2) to remove Michael Schiavo as her guardian, and (3) to disqualify himself from the proceedings.
August 17, 2001
Judge Greer delays the removal of Terri Schiavo's PEG tube until October 9 in order to allow the Schindlers time to appeal.
October 3, 2001
The 2nd DCA delays the removal of the PEG tube indefinitely.
October 17, 2001
The 2nd DCA rules that 5 doctors should examine Terri Schiavo to determine if she can improve with new medical treatment. The Schindlers and Michael Schiavo are to choose 2 doctors each, and the court is to appoint a doctor. The appeals court also affirms Greer’s denial of the motion to disqualify himself.
In re Schiavo, 800 So. 2d 640 (2nd DCA 2001).
10-17-01 DCA ruling
November 1, 2001
The 2nd DCA denies Michael Schiavo’s motion to rehear the case.
December 14, 2001
Michael Schiavo petitions the Florida Supreme Court to stay the October 17, 2001 ruling of the 2nd DCA. He states that he and the Schindlers will attempt to mediate the dispute in lieu of further litigation.
12-05-01 Michael Schiavo’s Notice of Appeal to the Florida Supreme Court
12-14-01 Michael Schiavo’s Motion to Stay DCA’s Ruling.
December 19, 2001
Attorneys meet with a mediator to determine which tests doctors should run on Terri Schiavo.
January 10, 2002
State Supreme Court stays all legal proceedings pending mediation; it orders attorneys to report on the status of mediation in sixty days.
1-10-02 SC Order of Stay
February 13, 2002
Mediation between the Schindlers and Michael Schiavo fails.
2-13-02 Notice that Mediation failed
March 14, 2002
The Florida Supreme Court denies Michael Schiavo’s petition to review the 2nd DCA’s ruling allowing 5 doctors to examine Terri Schiavo.
In re Schiavo, 816 So. 2d 127 (Fla. 2002) (Table, No. SC01-2678)
2-13-02 Michael Schiavo’s Jurisdictional Petition
2-13-02 Michael Schiavo’s Petition to Stay ruling of 2nd DCA (10/17/01).
2-22-02 Court’s Order of Stay pending its final decision
3-01-02 Schindler’s Jurisdictional Brief
3-13-01 Michael Schiavo’s Motion to Strike
3-14-01 Order Denying Schiavo’s Petition
3-14-01 Order to Strike
October 12-22, 2002
The trial court holds a new hearing on new potential medical treatments.
November 15, 2002
The Schindlers contend that Michael Schiavo might have abused Terri Schiavo and this abuse led to her condition. They ask the court for more time to collect evidence, and to remove Michael Schiavo as guardian.
11-15-02 Petition to remove MS as guardian
November 22, 2002
Judge Greer rules that Terri Schiavo’s PEG tube should be removed January 3, 2003.
In re Schiavo, 2002 WL 31817960 (Fla. Cir. Ct. Nov. 22, 2002) (No. 90-2908-GB-003)
Nov22 2002 TC trialctorder11-02.txt
December 13, 2002
Judge Greer stays his November 22 ruling: Terri Schiavo should not have her PEG tube removed until an appeals court can rule on the case.
December 23, 2002
The 2nd DCA denies a motion Michael Schiavo filed seeking permission to remove the PEG tube.
June 6, 2003
The 2nd DCA, affirming Judge Greer’s November 2002 ruling, concludes that Michael Schiavo can remove Terri Schiavo’s PEG tube on October 15.
In re Schiavo, 851 So. 2d 182 (2nd DCA 2003) (No. 2D02-5394), rehearing denied (July 9, 2003), review denied 855 So. 2d 621 (Fla. 2003).
6-06-03 Court Opinion
July 9, 2003
The 2nd DCA refuses to reconsider its decision.
August 22, 2003
The Florida Supreme Court declines to review the decision.
Schindler v. Schiavo, 855 So. 2d 621 (Fla. 2003) (Table, No. SC03-1242)
7-24-03 Notice of Schindlers' Appeal
7-31-03 Michael Schiavo’s Motion to Vacate
Court Order denying Motion to Vacate
8-07-03 Schindler's Petition for a Supreme Court Review
8-13-03 Michael Shiavo’s Response to Petition for Review
8-18-03 Schindlers motion for a Stay
8-19-03 Court Orders Schiavo to make a Respond for the Motion for Stay
8-20-03 Shiavo’s Response to Motion for Stay
8-22-03 Court Order denying Review and Motion for Stay
August 30, 2003
Terri Schiavo’s parents file a federal lawsuit challenging the removal of Terri Schiavo’s PEG tube. Schiavos’ petition (D). Schindler v. Schiavo, Civil Action No. 8:03-CV-1860-T-26-T-TGW
September 17, 2003
Judge Greer orders the removal of the PEG tube to take place on October 15, 2003. He also rejects the Schindlers’ request that Terri Schiavo be given therapy to learn how to eat without the tube.
9-17-03 Court Order
October 7, 2003
Governor Jeb Bush files a federal court brief in support of the Schindlers’ effort to stop the removal of the PEG tube.
October 10, 2003
Federal Court Judge Richard Lazzara rules that he lacks the jurisdiction to hear the federal case.
October 14, 2003
The 2nd DCA refuses to block Judge Greer’s order to remove the PEG tube.
October 15, 2003
Terri Schiavo’s PEG tube is once again removed.
October 17, 2003
The Florida Circuit Court in Pinellas County and the First District Court of Appeal refuse to grant a request made by the “supporters” of the Schindlers to direct Governor Jeb Bush to intervene in the Schiavo case.
October 19, 2003
The Advocacy Center for Persons with Disabilities, Inc. files a federal court lawsuit that claims that the removal of Terri Schiavo’s PEG tube is abuse and neglect.
Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, No. 8:03-CV-2167-T-23EAJ
October 20, 2003
The Florida House of Representatives passes a bill, “Terri’s Law,” that allows the governor to issue a “one-time stay in certain cases.”
HouseBill35-E.pdf
October 21, 2003
The Florida Senate passes the bill; Governor Bush issues an executive order directing reinsertion of the PEG tube and appointing a guardian ad litem for Terri Schiavo.
Schiavo Controversy Fla_ Gov_ Exec_ Order No_ 03-201.htm
Statements by some House members
October 21, 2003
Michael Schiavo files a state-court lawsuit arguing that “Terri’s Law” is unconstitutional and seeking an injunction to stop the reinsertion of the PEG tube; the court requests briefs on the Constitutional arguments about “Terri’s Law.”
10-21-03 Schiavo Injunction
Amicus Brief from House Speaker Byrd (B)
Schiavo v. Bush. No. 03-008212-CI-20 (Cir. Ct. Pinellas County, Florida).
October 21, 2003
The federal court denies the motion for a temporary restraining order filed in the lawsuit of the Advocacy Center for Persons with Disabilities, Inc.
Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, 2003 WL 23305833, 17 Fla. L. Weekly Fed. D 291 (M.D. Fla. Oct. 21, 2003).
10-21-03 US District Court Order
October 21, 2003
Terri Schiavo’s PEG tube is reinserted.
October 22 2003
David Demeres, Chief Judge for the Pinellas County Circuit Court, orders both the Schindlers and Michael Schiavo to agree within 5 days on an independent guardian ad litem as required under the Governor’s order. (“Terri’s Law” directs: “Upon issuance of the stay, the chief judge of the circuit court shall appoint a guardian ad litem for the patient to make recommendations to the Governor and the court.”)
Schiavo's Response
Schindlers' Response
October 28, 2003
President George W. Bush praises the way his brother, Governor Jeb Bush, has handled the Schiavo matter.
Transcript of Rose Garden Press Conference
October 29, 2003
Michael Schiavo files court papers in his state-court lawsuit, arguing that “Terri’s Law” is unconstitutional. The American Civil Liberties Union has joined Michael Schiavo.
Michael Schiavo petitioner brief
October 31, 2003
Judge Demers appoints Dr. Jay Wolfson as Terri Schiavo’s guardian ad litem. Dr. Wolfson holds both medical and legal degrees; he is also a public health professor at the University of South Florida. He is supposed to represent Terri Schiavo’s best interest in court, but he has no authority to make decisions for her.
10-31-03 GAL Appointment
November 4, 2003
Governor Jeb Bush asks Circuit Court Judge W. Douglas Baird to dismiss Michael Schiavo’s suit (filed October 21, 2003) that challenges “Terri’s Law.”
November 8, 2003
Judge Baird denies Governor Bush’s motion to dismiss the state-court suit.
November 10, 2003
Governor Bush appeals Judge Baird’s decision; the filing of the appeal has the effect of staying the removal of Terri Schiavo’s PEG tube.
November 14, 2003
Judge Baird vacates the stay.
11-14-03 Order vacating stay.
November 14, 2003
In response to Judge Baird’s lifting the stay, the 2nd DCA issues an indefinite stay.
November 19, 2003
Governor Bush files a petition to remove Judge Baird.
11-19-03 Petition
November 21, 2003
Florida Sens. Stephen Wise and Jim Sebesta introduce legislation (S692) that would require persons in persistent vegetative states to be administered medically supplied nutrition and hydration in the absence of a living will, regardless of family beliefs about what those patients would have wanted. The measure is withdrawn from consideration on April 16, 2004.
Bill to require sustenence when no living will exists
December 1, 2003
Jay Wolfson, guardian ad litem, concludes in his report that Terri Schiavo is in a persistent vegetative state with no chance of improvement.
Wolfson's Report
Governor Bush's response to Wolfson's report
December 10, 2003
The 2nd DCA refuses to remove Judge Baird, who is the presiding judge in the state-court lawsuit filed October 21, 2003.
Bush v. Schiavo, 861 So. 2d 506 (2nd DCA 2003) (No. 2D03-5244)
12-10-03 Court Opinion
January 5, 2004
The Schindler family petitions the Pinellas County Circuit Court to reappoint Jay Wolfson, the guardian ad litem.
1-05-04 Schindlers petition to reappoint GAL
January 8, 2004
Judge Demers rejects the request to reappoint the guardian ad litem, citing the pending court decisions over the constitutionality of “Terri’s Law” as reason to wait on any action.
1-08-04 Order denying reinstatement of GAL
February 13, 2004
The 2nd DCA reverses Judge Baird’s ruling (in the case filed October 21, 2003) that denied the Schindlers permission to intervene in Michael Schiavo’s Constitutional challenge to “Terri’s Law.” The 2nd DCA explains that Judge Baird did not follow proper procedure. The court also gives permission to Governor Bush to question several witnesses who Judge Baird previously had ruled could not offer any relevant testimony.
Bush v. Schiavo, 866 So. 2d 140 (Fla. 2nd DCA 2004) (on intervention); 866 So. 2d 136 (2nd DCA 2004) (on request to take depositions). (Case No. 2D03-5783).
bushschiavo2 13 04 opn.pdf
2-13-04 Opinion allowing parents to intervene
March 12, 2004
Judge Baird again rejects the Schindlers’ request to intervene in Michael Schiavo’s suit that questions the constitutionality of “Terri’s Law.”
March 20, 2004
Pope John Paul II addresses World Federation of Catholic Medical Associations and Pontifical Academy for Life Congress on "Life-Sustaining Treatments and Vegetative State: Scientific Advances and Ethical Dilemmas." His remarks spark widespread interest and controversy.
Pope's address
March 29, 2004
Nursing home workers discover 4 “fresh puncture wounds” on one arm and a fifth wound on the other arm; the workers state that a hypodermic needle appears to have caused the wounds. Attendants discovered the wounds shortly after the Schindlers visited Terri Schiavo for 45 minutes. Toxicology reports indicate that no substance was injected into Terri Schiavo. Clearwater police later conclude that the marks might have been made by a device used to move Ms. Schiavo and, in any case, that no evidence of abuse or other wrongdoing could be found.
St. Petersburg Times report (May 15, 2004)
March 29, 2004
Judge Greer denies a motion filed by the Schindlers seeking to have Michael Schiavo defend himself in a hearing; they allege that he is violating a 1996 court order that requires him to share a sufficient amount of Terri Schiavo’s medical information. Michael Schiavo claims that he has shared an adequate amount of information through attorneys.
April 16, 2004
S692 is withdrawn from consideration in the Florida Legislature.
S692 History
April 23, 2004
The 2nd DCA rules that the Pinellas County trial court has jurisdiction to hear and is the proper venue for the case Michael Schiavo has filed against Governor Bush asserting that "Terri's Law" is unconstitutional.
2nd DCA Jurisdictional ruling
May 6, 2004
Pinellas Circuit Judge W. Douglas Baird rules that "Terri's Law," sought and signed by Gov. Bush and approved by the Legislature on October 21, 2003, is unconstitutional. The governor appeals the ruling.
Judge Baird's order
June 1, 2004
The 2nd DCA grants a motion from attorneys for Michael Schiavo to send the case directly to the Florida
Supreme Court and bypass a lower-court review. Meanwhile, attorneys for Gov. Bush file a motion asking that all appeals be halted until the issue of whether Michael Schiavo has the authority to fight the governor on his wife's behalf is resolved.
Tallahassee Democrat report
June 16, 2004
Florida's Supreme Court, pointing to "a question of great public importance requiring immediate resolution by this Court," accepts jurisdiction and sets oral arguments for August 31, 2004.
Florida Supreme Court order
June 30, 2004
2nd DCA affirms Judge Baird's March 12 ruling denying the Schindlers the ability to intervene in the lawsuit over the constitutionality of "Terri's Law."
July 19, 2004
The Schindlers file a motion in the Circuit Court for Pinellas County seeking relief from judgment in Schindler v. Schiavo. Based in part upon the recent statement by Pope John Paul II, they argue that the orders mandating withdrawal of the PEG tube from Terri and authorizing Michael to challenge the constitutionality of "Terri's Law" violate her "free exercise of her religious beliefs [and] her right to enjoy and defend her own life and, in fact, imperil her immortal soul."
Relief from judgment motion
Appendix to motion (seven exhibits)
July 27, 2004
National group of bioethicists files amicus brief "in support of Michael Schiavo as guardian of the person."
Bioethicists' amicus brief
August 31, 2004
The Florida Supreme Court hears oral arguments in the lawsuit over the
constitutionality of "Terri's Law."
Streaming video of the proceedings, archived by WFSU at Florida State University
Transcript
St. Petersburg Times report
August 31, 2004
Circuit Judge George Greer, opposed for re-election by an attorney who was known to oppose Greer's rulings in the Schiavo case, is re-elected by a large margin.
St. Petersburg Times report
September 23, 2004
Florida's Supreme Court, unanimously affirming the trial court order, declares "Terri's Law" unconstitutional.
Supreme Court ruling
October 4, 2004
Governor Bush files a motion and then an amended motion for rehearing and clarification of the Florida Supreme Court opinion issued on September 23, 2004
Amended motion for rehearing and clarification
October 21, 2004
Florida Supreme Court denies Governor Bush's amended motion for rehearing and clarification, as well as a motion seeking permission to file a second amended motion for rehearing and clarification. The Court issues a mandate.
Order
October 22, 2004
In Pinellas County, at the trial-court level, Judge Greer denies the motion filed by the Schindlers on July 19, 2004. He also stays the removal of her PEG tube until December 6, 2004.
Order Denying Motion
Order Granting Stay
October 25, 2004
Governor Bush files a motion with the Florida Supreme Court asking that it recall the mandate it issued on October 22 because he will be filing a petition for certiorari regarding this case with the United States Supreme Court.
Motion to Recall Mandate
Appendix to Motion
October 27, 2004
Florida Supreme Court grants Governor Bush's motion asking that it recall the mandate issued on October 22. Proceedings in the trial and all appellate courts in the case of Bush v. Schiavo are stayed until November 29, 2004.
Order Recalling Mandate
November 22, 2004
In the guardianship proceeding in Pinellas County, the Schindlers appeal from Judge Greer’s October 22 order denying their motion for relief from judgment.
Brief Seeking Review
December 3, 2004
Governor Bush files a petition for certiorari, seeking review of the Florida Supreme Court’s decision regarding Terri’s law, with the U.S. Supreme Court.
U.S. Supreme Court Docket
Petition for Writ of Certiorari
December 29, 2004
2nd DCA, without opinion, denies the Schindlers' November 22 appeal from Judge Greer's order refusing to reopen the guardianship proceeding.
January 10, 2005
The Schindlers again ask Judge Greer to remove Michael Schiavo from his judicial appointed post of Terri’s guardian.
January 13, 2005
The Schindlers file two motions – one in the 2d DCA, asking it to reconsider its decision of December 29, 2004, and a second in the trial court guardianship proceeding, asking Judge Greer once again to prevent withdrawal of nutrition and hydration until the 2d DCA does so.
January 24, 2005
The United States Supreme Court refused to grant review of the case in which the Florida Supreme Court struck down “Terri’s Law” as unconstitutional.
February 7, 2005
Florida's Department of Agriculture and Consumer Services cites the Terri Schindler-Schiavo Foundation for failing to register with the state to solicit donations.
February 11, 2005
In Pinellas County, Judge Greer denies the Schindlers' motions, filed January 10 and 13, 2005. The order authorizing withdrawal of the PEG tube remains in effect, although implementation is stayed pending the outcome of currently pending appeals.
February 15, 2005
The Schindlers ask the 2nd DCA to stay the mandate issued when it refused to hear their most recent appeal.
February 16, 2005
Randall Terry, founder of the pro-life activist organization Operation Rescue, appears with the Schindlers at a news conference, vowing protest vigils against removal of the PEG tube.
February 18, 2005
The Schindlers again petition Judge Greer in Pinellas County for reconsideration of the order of February 11, 2005, in which the court upheld its judgment, made in the year 2000, that the PEG tube should be removed.
February 18, 2005
Florida Representatives Baxley Brown; Cannon; Davis, D.; Flores; Goldstein; Lopez-Cantera; Murzin; Quinones; Traviesa introduced H 701 in the Florida Legislature. H 701, mirroring S. 692 (introduced in October 2003 and withdrawn in April 2004), would require maintenance of medically supplied nutrition and hydration in incapacitated persons in most instances.
H.701
February 21, 2005
The 2d DCA denies the Schindlers’ motion of February 15, 2005, clearing the way for removal of the PEG tube when the current stay expires on February 22, 2005. Judge Greer schedules a hearing on the Schindlers’ motion of February 18, 2005, for February 23, 2005.
February 22, 2005
Judge Greer stays removal of the PEG tube until 5 p.m. on February 23, 2005 (after he hears argument on the motion filed by the Schindlers on February 18, 2005).
February 23, 2005
After a hearing, Judge Greer extends the stay preventing removal of the PEG tube until 5 p.m. on February 25, 2005, to permit time to issue an order detailing his decisions regarding matters discussed at the hearing. Officials from Florida’s Department of Children and Families (DCF) move to intervene in the case, but Judge Greer denies the motion to intervene at the hearing.
February 25, 2005
Judge Greer denies the motion before him and orders that, “absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1 p.m. on Friday, March 18, 2005.”
Order Denying Stay
February 26, 2005
The St. Petersburg Times reports that a Vatican cardinal spoke on Vatican Radio opposing removal of the PEG tube.
St. Petersburg Times article
February 28, 2005
The Schindlers file a number of motions with Judge Greer, addressing a range of issues. They also indicate that they will appeal the judge's decision of February 25, 2005. Judge Greer denies some of the motions but agreed to set a hearing date to consider others.
St. Petersburg Times article
March 7, 2005
The Schindlers appeal Judge Greer's February 25, 2005 order to the 2nd DCA.
Bioethicists from six Florida universities submit an analysis of H701.
Bioethicists' analysis
March 8, 2005
U.S. Rep. David Weldon (R.-Fla.) introduces in the United States House of Representatives H.R. 1151, titled the Incapactitated Persons' Legal Protection Act. The bill would permit a federal court to review the Schiavo matter through a habeas corpus lawsuit.
H.R. 1151
March 9, 2005
The Florida House Health Care Regulation Committee considers H.701, voting to approve a Council/Committee Substitute 701 instead of the original version.
Council/Committee Substitute 701
March 10, 2005
Judge Greer issues order denying Florida's Department of Children and Families the right to intervene in the guardianship case.
March 14, 2005
The Judiciary Committee in the Florida House considers H.701, voting to approve another Committee substitute for the original bill. The Sun-Sentinel reports that the House and the Senate have agreed that this bill will come to a vote.
Second Committee Substitute 701
March 15, 2005
The Florida House Health & Families Council considers and approves the second committee substitute H.701.
The Florida Senate Judiciary Committee passes S.804, providing that medically supplied nutrition and hydration cannot be “suspended from” a person in a PVS if: (1) the purpose of the suspension is “solely to end the life of” a person in a PVS; (2) a conflict exists on the issue of suspension of medically supplied nutrition and hydration among the persons who could be proxy decisionmakers for that person under Florida law; and (3) the person in the PVS had not executed a written advance directive or designated a health care surrogate.
Senate Bill 804
March 16, 2005
The 2d DCA affirms Judge Greer’s orders and refuses to stay the scheduled March 18 withdrawal of the PEG tube.
2d DCA Opinion
The U.S. House of Representatives, by voice vote, passes H.R. 1332, the Protection of Incapacitated Persons Act of 2005. This bill would amend federal law to provide for removal of certain cases to federal court from state court, rather than authorizing use of the federal habeas corpus remedy to obtain federal court review, as H.R. 1151 would have.
H.R. 1332
March 17, 2005
The Florida House of Representatives approves H.701, after some amendments.
House-Engrossed H.701
The Florida Senate votes down S.804.
Florida’s Department of Children and Families (DCF) petitions the Florida Supreme Court for relief, and the Florida Supreme Court denies the petition.
DCF All Writs Petition
Florida Supreme Court order
The U.S. Senate passes a “private bill” applying to the Schiavo case but differing from H.R. 1332. The U.S. Senate website, at www.senate.gov, explains a “private bill” as follows: “A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the President, it becomes a private law.”
U.S. Senate Bill 653 ES
Orlando Sentinel article
The Schindlers ask the U.S. Supreme Court to hear the case, but the U.S. Supreme Court denies their petition.
Schindlers’ Petition to U.S. Supreme Court
U.S. Supreme Court Denial
March 18, 2005
The U.S. House of Representatives Committee on Government Reform issues five subpoenas: one commanding Michael Schiavo to appear before it and bring with him the “hydration and nutrition equipment” in working order; three commanding physicians and other personnel at the hospice to do the same; and one commanding Terri Schiavo to appear before it. The subpoenas would require that the PEG tube remain in working order until at least the date of testimony, March 25, 2005. The subpoenas are included as appendices to the U.S. House All Writs Petition (see just below).
The Committee on Government Reform also moves to intervene in the guardianship litigation before Judge Greer and asks Judge Greer to stay his order requiring removal of the PEG tube. Judge Greer denies the motions.
U.S. House Motion to Intervene
U.S. House Motion for Stay
The Committee on Government Reform files an emergency all-writs petition with the Florida Supreme Court, effectively seeking reversal of Judge Greer’s denial of its motions. The Florida Supreme Court denies this petition.
U.S. House All Writs Petition
The PEG tube is removed in mid-afternoon. This is the third time the tube has been removed in accordance with court orders.
The Schindlers, as “next friends” of their daughter, file a petition for writ of habeas corpus in federal district court in the Middle District of Florida. That court dismisses the case for lack of jurisdiction and refuses to issue a temporary restraining order because “there is not a substantial likelihood that [the Schindlers] will prevail on their federal constitutional claims.”
Schindlers' Habeas Corpus Petition
March 19-20, 2005
The U.S. Senate delays going its Easter recess and works on Saturday to reach a compromise with the House on a bill, S.686, closely resembling the special bill it passed on March 17. On Palm Sunday (which holiday is frequently noted in debate), it then passes S.686 and the U.S. House of Representatives returns from Easter recess for a special session to debate S.686.
U.S. Senate Compromise Bill S.686
March 21, 2005
Shortly past 12:30 a.m., the U.S. House of Representatives votes 203-58 to suspend its rules and pass S.686.
President Bush signs S.686 at 1:11 a.m.
Federal District Court Judge James D. Whittemore, Middle District of Florida (in Tampa), hears arguments on the Schindlers' motion that he order re-insertion of the PEG tube while the lawsuit they will assert pursuant to S.686 is litigated.
Motion for Injunction
Response to Motion for Injunction
Government's Statement of Interest
March 22, 2005
Federal District Court Judge Whittemore refuses to order re-insertion of the PEG tube.
Federal Court Order
Last updated 22-Mar-2005
That's just sick :(
WTH!!??
ebayers have no shame!
I'm wondering the identity of the seller?
A newer case would be for a different issue.
And to deny Terri's TRUE loved ones to be together with her--comforting her--and they being able to LOVE her in her now so very weakened and scared and needy state IN death's door...it's all beyond any word accept one: EVIL.
Deejay said: "And as I understand it, LOTS was not admitted.
Totally untrue.
I read the sidebar discussions, motions, etc."
http://www.freerepublic.com/focus/chat/1367960/posts?page=203#203
I asked "WHERE?" and got no answer.
Hildy, you also made statements referring to what the parents said in court - since Deejay seems incapble of supplying an answer - a source which can be reviewed - maybe you can?
Or did you both just pull it out of thin air?
BB62
Wait a second, you mean Michael the horrible, wife-beater, adulterer, devilman actually VISITS TERRI????
That's all due to Michael going there every day to make SURE Terri's getting PROPER CARE!
Must have been a real sacrifice, leaving the bed of his shack-up honey to do that.
You bring up a good point.
I wonder what impact this is going to have on the current DOJ case against Oregon (I live here) with their "right to die" laws.
Not just MS.
Felos had a conflict of Interest.
Hospice housed her and collected monies for her illegally.
Greer had a conflict of Interest.
Here, review CPforLife's well documented filing.
Criminal Investigation of Michael Schiavo
1) Nurses’ testimony: Heidi Law, Carla Sauer-Iyer, Carolyn Johnson have been ignored and dismissed without hearing; each testified that Michael was abusive to Terri and may have attempted to kill her by insulin injection and attempts to induce pneumonia by turning the thermostat in her room to 64 degrees.
2) Michael Baden, top forensic pathologist in country and interviewed on Fox News National Television broadcast October 25, 2003 on Terri’s bone scan and injuries states that:
a) Terri’s injuries are not consistent with a heart attack; no cardiac evidence to support it
b) Extremely rare for potassium imbalance on woman her age and in her good health
c) Injuries are consistent with severe trauma possibly caused by a beating
d) The injuries in medical records warrant an immediate investigation
3) Dr. William Hammesfahr, Nobel prize nominee and neurologist testified that Terri’s neck injuries are consistent with only one type of injury: that of strangulation.
4) Terri’s doctor, Dr. Gambone resigned; he had previously testified Terri would die within a few days of starvation/dehydration. Terri has an obvious will to live.
5) Michael has enlisted the services of a new doctor, Stanton Tripodis, who has 5 malpractice suits against him. Clearly, Michael is attempting to provide sub-standard care for his wife.
Case no. 97007946C1 filed 11-25-97
Case no. 94003739C1 filed 6-27-94
Case no. 95000873C1 filed 2-14-95
Case no. 96001434C1 filed 3-6-96
Case no. 98002289C1 filed 4-7-98
6) Michael is committing adultery by living with another woman who has already born one child with another on the way, thereby creating an obvious conflict of interest as guardian.
7) Michael has committed both perjury (2 counts) and insurance fraud by promising to provide care and therapy for his wife in exchange for the court award of 1.2 million dollars in 1993. No care has ever been provided to Terri.
8) Michael Schiavo has also prevented Terri from undergoing a barium swallow test, a procedure necessary to ascertain the consistency of foods able to be taken by mouth.
9) Co-conspirator George J. Felos combined and conspired with Michael Schiavo to arrange for Terri's "free" stay at Hospice Woodside as part of an "exit protocol" designed to advance Felos' self-perceived messianic mission of "helping" incapacitated people to die by categorizing them as "terminal," warehousing them, and depriving them of therapy and rehabilitation services. (Attorney Felos is Director of Florida Right to Die and has testified that he can ascertain a person’s desire to die by “looking into their eyes and letting their spirit speak directly to him”)
10) Investigate Insurance company established in Jan 2001 at the home of Michael Schiavo and his girlfriend/fiancee Jody Centonze. (Jerger and Centonze Insurnace Agency Inc.) Michael is listed on the Board of Directors for the corporation. Note: Insurance is deliberately misspelled in the State of Florida Corporate filing, possibly to avoid investigation.
11) Michael continues to deny Terri the right to receive Holy Communion as part of her Catholic and civil right.
Criminal Investigation of Greer for Prejudice and Judicial Misconduct
1) Refusal to hear credible testimony
Judge Greer refused to acknowledge testimony of 10 doctors and 3 nurses who have cared for Terri and who testify that:
a) Terri is not in a persistive vegetative state
b) Terri is able to be rehabilitated with care and therapy
c) Terri’s original injuries are questionable and consistent with spouse abuse and attempted strangulation
d) Terri has been abused and neglected by her husband; denied treatment for infection and possible attempted murder while in nursing home care (discovery of empty insulin vial and temperature in room set at 64 degrees)
Jude Greer instead chose to believe contrary testimony by two of Michael’s representatives who are:
a) A doctor who rarely sees Terri (Dr. Gambone who has now resigned as Terri’s doctor)
b) Ronald Cranford, Hannipeg County Medical Center , Minnesota who makes an avocation of testifying in cases such as Terri's throughout the country, always on the side of dehydration and starvation.
Example of testimony ignored:
Dr. Alexander T. Gimon, Clinical Neuro-psychologist, presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy: "Given the neglect which Terri has suffered...it is striking that her current cognitive functioning is as strong and varied in expression as it is. This indicates that sufficient brain structure exists for further cognitive and behavioral progress to be made. Terri is an excellent subject for a variety of cognitive treatment protocols designed to improve her neurological function, including neuroaerobics, physical therapy, recreational/occupational therapy, and speech-language therapy."
2) Judicial Canon violation – motion to dismiss Greer
a) Greer revealed information about the case, predisposition as to how he would rule, merits of the case, testimony he had received to local reporters without counsel present.
b)Judge Greer advised Tampa Atty General office that if Gov Bush was a lawyer, his letter to the judge would be a grievous offense under Fl Bar rules; statements made without counsel present.
c) Motion to Disqualify Judge Greer filed on Fri. Sept 5th at which time Judge Greer contacted Deputy Atty General John Carassas and Sheriff Rice in an attempt to attack the factual basis of the motion and affidavits.
3) Conflict of Interest and Prejudice
Judge George Greer is not impartial. He has worked side by side as county commissioner with Barbara Sheen Todd (county commissioner) for eight years. Barbara Sheen Todd is on the board of the hospice. Also, Judge Greer's fellow judge, Judge John Lenderman is the brother of Martha Lenderman, also on the hospice board. Greer accepted as the basis of his rulings, the questionable testimony of Michael Schiavo that Terri would wish to be killed, yet Michael never stated this until he had received the 1.2 million dollar settlement. Greer also accepted as the basis of his rulings, the "opinion" of a third doctor who is the brother of a close associate of George Felos, right-to-kill attorney, and very significantly, former Chairman of the hospice board.
4) Denial of Guardian appointment to Ensure Medical Care
Judge Greer refused to allow a non-biased guardian to be appointed for Terri’s care, despite numerous citations of the violation of Terri’s rights under State and Federal Law for disabled persons, including assignment of guardian as a requirement under Fl Law, Section 744. Moreover, in the state court proceedings initiated by defendant Michael Schiavo, Terri Schiavo, a severely disabled individual, had no guardian ad litem and no lawyer for the majority of the proceedings. Attorney Pearse who was assigned by the court in 1998 was dismissed from the case by the state court on motion by Michael Schiavo’s attorney George J. Felos.
5) ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
"... 825.103 Exploitation of an elderly person or disabled adult; penalties.--
(1) "Exploitation of an elderly person or disabled adult" means:
(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:[Felos and Greer need to be investigated by the State of Florida and the US Attorney General.]
1. Stands in a position of trust and confidence with the elderly person or disabled adult; or
2. Has a business relationship with the elderly person or disabled adult; or
(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
(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. [Terri's fund reportedly only has $50,000 left. Felos himself has admitted receiving $500,000 to assist in killing Terri.]
(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 4, ch. 95-158; s. 5, ch. 96-322; s. 1, ch. 97-78.
Criminal Investigation of Hospice On the Following Counts:
1) Conflict of interest; violation of federal policy: Mary Laybak, CEO of Woodside Hospice has direct ties to Euthanasia Society of America and Hemlock for Hospice, an organization that seeks to accelerate the dying process. Federal funds may not be used for these purposes (see below)
2) Hospice is a federally funded program designed for terminally ill and those whose death is eminent. Terri has been in Hospice illegally for three years under Medicaid payments.
3) US Dept of Health and Human Services is currently trying to collect $14.8 million from Florida Suncoast Hospice, owed to them since 1997.
4) Hospice is accused of patient brokering and several lawsuits filed by Attorney Jonathan Alpert are pending.
5) Violation of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, prohibits discrimination against an "otherwise qualified" handicapped individual, solely by reason of his or her handicap, under any program or activity receiving federal financial assistance. Hospitals and hospices that accept Medicare and Medicaid funding are subject to the Act...." Hospice Woodside is subject to the Act because it receives federal funding.
6) The Americans With Disabilities Act (A.D.A.), 42 U.S.C. Sections 12101 et seq., provides that necessary and appropriate rehabilitation services and physical/motor skill therapy not be denied a substantially disabled patient in the United States of America.
Moreover, the pertinent federal regulations for implementation of the A.D.A. specifically provide that "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual." (cf. 28 C.F.R. Ch. 1, Subpart B, Section 35.130) The failure and refusal of defendant Michael Schiavo, acting under the color of state law, to furnish Theresa Marie Schiavo with necessary and appropriate speech and motor skills therapy, rehabilitation services, and the basic essential medical services, and his demand that she be deprived of food and water, violate her rights under the A.D.A. and constitute unlawful discrimination against her because of her disability.
7) Under Federal Statute TITLE 42 CHAPTER 138 Sec. 14402. Sec. 14402. - Restriction on use of Federal funds under health care programs
(a) Restriction on Federal funding of health care services
Subject to subsection (b) of this section, no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used -
(1) to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;
Nothing in subsection (a) of this section, or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to -
(1) the withholding or withdrawing of medical treatment or medical care;
(2) the withholding or withdrawing of nutrition or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.
October 23, 2003
To: Delegate Bob Marshall
Attorney General John Ashcroft
Ref: Denial of Civil Rights Continues: Letter 3
In Continuation of complaint sent October 21st on behalf of Terri Schiavo
Oct 22nd (AM)
Upon arrival at Morton Plant Hospital , where Terri was brought under the Governor’s order for ambulatory care, Michael Schiavo mandated the hospital to block all information on the patient and any visits to Terri’s parents, her siblings and their family priest have been denied.
3:15pm
Morton Plant Hospital Nurse, Melanie MacAuliffe refuses to acknowledge Terri is a patient at the hospital to attorneys for the family. Attorneys filed an emergency motion to restore visitation at once.
5:15pm
Michael’s attorney Debra Bushnell faxed a letter to the parents’ attorney, Pat Anderson authorizing the family visits. The family priest, Msgr. Malanowski was not included in their letter and was still barred from visiting Terri.
6:30
When the family arrived to visit Terri, they discovered she had been moved to “an undisclosed location”. The family was not notified she would be moved, nor were they told where she would be taken and no medical information as to the status of Terri’s health was provided.
Wed Night (time of arrival unknown)
Terri was returned to hospice and her feeding tube was reinserted. Terri is still being refused the right to receive Holy Communion as part of her Catholic Rite.
Mr. Ashcroft, it is clear that Mr. Schiavo and his attorney have absolute disregard for the best interests of Terri Schiavo. After starving her for 7 days with no food or water, she has now once again been prematurely released from the hospital. On August 14th of this year, Terri was admitted to the hospital with pneumonia and three days later, Michael ordered her to be released. She would spend the next two weeks in and out of the hospital due to the instruction of Michael to have her sent back to hospice, despite her fever and obvious labored breathing from a collapsed lung.
Michael Schiavo has attempted to further her debilitation and weaken her condition and must be immediately removed from any guardianship concerning her medical care and therapy. He has continued to spit in the face of Governor Bush, the Fl Senate and House with no regard for the care that Terri was awarded by the courts.
The court today ordered a guardian ad litem to be assigned for litigation only and this will not provide the relief and protection regarding medical and therapeutic care that Terri is entitled to as a disabled American, under both Federal and Florida law. We ask for your immediate intercession to remove Terri from her husband’s care.
Sincerely,
**Edited**
October 22, 2003
To: Delegate Bob Marshall
Attorney General John Ashcroft
Ref: Continued Denial of Civil Rights – Terri Schiavo
October 21st
A Catholic miraculous medal of the Blessed Virgin Mary that had been blessed by Pope John Paul II was brought to Terri Schiavo to be placed on her person, bedside or where she could visibly see it in her room at Woodside Hospice. However, the medal could not be given to her because in fact, all religious holy cards of various saints and various Catholic artifacts had been removed from her room and thrown away. We were fore-warned that if the medal was placed anywhere in her room or on her body it would be thrown away.
October 21st 5:00PM
The Executive Order signed by Governor Bush to immediately begin hydration and nutrition was received at Hospice by both fax transmission and official delivery. Hospice refused to reinsert the feeding tube, claiming there was no medical personnel to do so, despite the fact that they were the ones who removed it on October 15th. They promised to transfer Terri to a local hospital as quickly as possible.
In addition, two medical doctors had been summoned to Hospice and were denied entrance to perform the procedure as indicated by Governor Jeb Bush. They were also denied access to observe the patient and her condition.
6:30PM
An ambulance arrived to take Terri to Morton Plant Hospital in Clearwater. Upon arrival at the hospital, medical staff refused to comply with the Governor’s order to re-insert her feeding tube or an IV, stating they had been threatened with litigation by Michael Schiavo’s attorneys if any medical care was given to Terri. At approximately 9:30PM an IV was inserted.
Michael Schiavo has denied visitation at the hospital to all members of Terri’s family.
A request for immediate appointment of a guardian ad litem to protect Terri’s medical interests and physical well being was denied by Judge David A. Demers.
In light of the fact that the court order to provide therapy for Terri Schiavo under the malpractice settlement has been denied by the husband; that he has access to Terri and can cause her harm and that he clearly does not represent her best interests, we request immediate intervention to:
1) Appoint a guardian ad litem to protect Terri Schiavo’s interests and ensure she is given proper medical treatment.
2) Open an immediate criminal investigation which has never been conducted in this case.
3) Block the cremation of Terri’s body should death ensue, so that evidence is not destroyed.
4) Restore the rights of visitation and access to the family.
Sincerely,
**Edited**
Date: October 21, 2003
To: Attorney General John Aschcroft
On Behalf of Theresa Maria Schiavo - Violation of Civil Rights Against the Handicapped
We the undersigned family, friends and medical caregivers of Theresa (Terri) Maria Schiavo request an immediate investigation and emergency intervention to stop her starvation dehydration death due to the following violations of her civil rights under the US Constitution:
Denial of Civil Rights by Michael Schiavo, husband:
By court order in a malpractice suit filed by Michael Schiavo in 1993, $700,000.00 of the settlement was to be used exclusively for Theresa’s rehabilitation. To date, no rehabilitation, medical or physical therapy has ever been provided to Terri.
Upon receipt of the award in 1993 medical records were ordered sealed by Michael Schiavo. Ten years later these records were unsealed and would reveal massive injury and a history of possible domestic violence and abuse.
While under nursing home and hospice care, Michael Schiavo ordered no physical therapy, oral feeding or treatment for Terri. He further directed that Terri only be sustained in a nursing home which is contrary to the intent of the award money. Michael Schiavo has on two occasions unsuccessfully attempted to end Terri’s life by instructing her caretakers not to medicate Terri for potentially fatal infections, the first of which occurred less than nine months after receiving the malpractice award money.
As Terri’s legal guardian, her husband has used her medical fund money to offset the legal costs when his guardianship of Terri was initially challenged and to pay the current legal costs to have Terri’s life ended.
May 1, 2000 A Court hearing was cancelled after Michael Schiavo verbally committed to sign an agreement that Terri will get the necessary medical treatment at Hospice.
June 18, 2000 – After reneging on his previously agreed terms of the agreement, Michael Schiavo later signed an amended agreement stating he will not withdraw or terminate Terri's medical care or treatment for potential fatal infections, without prior notice to the court.
Denial of Civil Rights by Judge Greer:
February 2000 – Judge Greer condemns Terri to death by dehydration/starvation without any clear and convincing evidence as required by statute. There is no written living directive.
March 2000 – Sworn affidavits provided to the court by three physicians that Terri is able to eat. Judge Greer denies a petition to the court to perform swallowing tests on Terri, part of her court-ordered therapy.
Judge Greer further authorized personal security personnel costs for Michael Schiavo to be taken from Terri’s medical fund.
May 7, 2001 – Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, accompanied by a formal letter requesting Schiavo’s permission to allow Terri to begin rehabilitation treatment; request denied.
September 26, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing." The core of the appeal is that Judge Greer did not follow the Appellate Court's July 11, 2001 instructions. Judge Greer admitted he ignored the doctors’ sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial.
NOTE: NO CRIMINAL INVESTIGATION HAS EVER BEEN CONDUCTED IN THIS CASE AND ATTEMPTS TO DEMAND SUCH INVESTIGATION HAVE BEEN SUMMARILY DENIED AND BLOCKED UNDER COURT ORDER OF JUDGE GREER. IMMEDIATE CREMATION OF THE BODY WILL OCCUR UPON HER DEATH, THUS DESTROYING ALL CRIMINAL EVIDENCE.
Denial of Civil Rights by Michael Schiavo’s appointed physicians:
There is no court order to deny Terri Schiavo oral feeding. This was put in place by Michael Schiavo’s appointed doctors, in direct violation of the previous court orders to provide therapy and rehabilitation for Terri.
Denial of Civil Rights by Pinellas Park Police, Michael Schiavo and his attorneys:
On October 15th at 2:00PM Terri’s feeding tube was removed. Although the court does not deny the right to provide oral hydration or feeding, the doctor’s orders to hospice are to prohibit any type of oral feeding.
On October 18th, 19th and 20th Monsignor Thaddeus Malanowski was refused the right to administer Holy Communion to Terri as part of her Catholic Last Rites. This order was expressed directly by Michael Schiavo, his attorneys and the local police guarding Terri’s room who told the priest they would “stop him if he attempted to give her Holy Communion.”
It is a criminal violation to abuse, neglect or exploit a disabled person, all of which have been perpetrated on Terri Schaivo and we petition your immediate intervention and investigation.
Presented by: cpforlife
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