Prosecutor Delivers Emergency Letters To Governor Bush in Terri Schiavo Case [Thomas More Center]

Former Prosecutor of Jack Kevorkian Delivers Emergency Letters To Governor Jeb Bush in Terri Schiavo Euthanasia Case

ANN ARBOR, MI –Richard Thompson, responsible for the initial prosecutions of Jack Kevorkian, now Chief Counsel of the Thomas More Law Center, delivered two emergency letters to Florida Governor Jeb Bush Wednesday evening and Thursday morning, outlining the constitutional authority of the Governor to intervene in the case of Terri Schiavo, including a factual basis for initiating a criminal investigation. The letters were prepared hours after a feeding tube was removed from Schiavo, depriving her of food and water, leaving her to starve to death unless immediate action is taken.

Recognizing the emotional and political issues involved, the two letters explain that the Florida Governor has authority under the Florida Constitution to intervene, and urged him to initiate a criminal investigation by the Florida Department of Law Enforcement based on a growing list of facts which suggest criminal wrongdoing and a conflict of interest on the part of Terri Shiavo’s husband and guardian Michael Shiavo.

Joining Thompson in the letters were former federal prosecutors Edward White III and Robert Muise. White served as Assistant U.S. Attorney for the Middle District of Florida, and Muise served as Special Assistant U.S. Attorney for the Eastern District of North Carolina. Both now work under Thompson at the Thomas More Law Center, a national public interest law firm based in Ann Arbor, MI. Based on the extensive law enforcement experience of the attorneys involved, the letters set forth facts and steps upon which a formal criminal investigation should be initiated.

The letters assert that the facts of the case clearly establish probable cause to initiate a formal criminal investigation, and call on the Governor to direct the Florida Department of Law Enforcement to conduct a full investigation of the facts and circumstances of the case, including securing search warrants, interviewing witnesses and medical experts, and to take measures to prevent future harm to Ms. Schiavo pending the outcome of the investigation.

Thompson noted in the supplemental letter that he was responsible for the initial prosecutions of Jack Kevorkian, and that in at least one case of physician-assisted suicide, the wife was a victim of domestic violence, and her death was used as a cover-up for the husband’s wrongdoing.

In a statement Thursday morning, Thompson urged the Florida Governor to review the letters, and take immediate steps to intervene in the case. “It seems prudent under the circumstances that the presumption for life should prevail and a formal “time-out” should take place, allowing for a formal criminal investigation by the Florida Department of Law Enforcement and allow Terri’s parents to administer the necessary rehabilitation services to determine if Ms. Schiavo is able to ingest food on her own.”

ANN ARBOR, MI –Richard Thompson, responsible for the initial prosecutions of Jack Kevorkian, now Chief Counsel of the Thomas More Law Center, delivered two emergency letters to Florida Governor Jeb Bush Wednesday evening and Thursday morning, outlining the constitutional authority of the Governor to intervene in the case of Terri Schiavo, including a factual basis for initiating a criminal investigation. The letters were prepared hours after a feeding tube was removed from Schiavo, depriving her of food and water, leaving her to starve to death unless immediate action is taken.

Recognizing the emotional and political issues involved, the two letters explain that the Florida Governor has authority under the Florida Constitution to intervene, and urged him to initiate a criminal investigation by the Florida Department of Law Enforcement based on a growing list of facts which suggest criminal wrongdoing and a conflict of interest on the part of Terri Shiavo’s husband and guardian Michael Shiavo.

Terri's Situation

Terri was 26 years old when she suffered brain damage from a sudden collapse. Terri receives her food and water by means of a feeding tube. Terri’s other bodily functions are physically stable. Terri smiles, laughs and cries. Terri recognizes voices and responds. At times, she vocalizes sounds, trying in her best way to speak. Terri is not a brain dead vegetable as characterized by her husband and legal guardian, Michael Schiavo nor a houseplant as implied by his attorney. Terri is not on a respirator or any artificial life support. She is a living human being and needs to be granted an opportunity to recover. Terri has not had any progressive rehabilitation or arousal therapy in more than ten years.

In a trial initiated by Michael Schiavo, Circuit Court Judge, George W. Greer, issued a verdict delivered on February 11, 2000. Judge Greer granted authorization to discontinue Terri’s feeding tube. Judge Greer’s verdict will cause Terri to die in 10 to 14 days. Terri’s death will be by painful starvation.

Background

In a malpractice lawsuit, Terri’s husband personally received over $300,000 for his loss of consortium. Terri was awarded $750,000 from this suit and an additional $250,000 from a separate malpractice lawsuit. The money was awarded to Terri for her care and rehabilitation and to be placed in a Medical Trust Fund. Terri’s husband received his personal award money and Terri’s medical fund money in early 1993. From the date he received the award money in 1993, Michael Schiavo has denied Terri any rehabilitation treatment. Michael Schiavo has confined Terri to a nursing home (currently, Terri is in a Hospice facility) where she is 'maintained.'

Her husband has 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 occasion occurred less than nine months after her husband received the malpractice award money.

Some Facts

Terri has no will. Should she die, her husband will inherit what is left of Terri’s $750,000 medical fund.

Terri’s husband lives in a house with Jodi Centonze. He openly admits that he has been engaged to this women for over seven years, have recently given birth to a baby girl, and has announced plans to marry her when Terri is no longer alive.

Since receiving the award money in 1993, her husband has ceased and prohibited any new or aggressive treatment for Terri. He has only maintained Terri at a nursing home (currently, Terri is in a Hospice facility). He has totally ignored or denied rehabilitation therapy that could possibly assist Terri’s recovery.

Since 1993, Terri’s husband has consistently and deliberately withheld all medical information and data from Terri’s family. Over the past eight years he has ordered Terri’s caretakers not to reveal any medical or neurological information

Michael Schiavo will not permit any doctor to examine Terri other than the doctors he selects.

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.

Terri responds regularly to the presence of her parents and friends. Her husband's doctors testified Terri's cognizant responses to Terri’s parents and friends are simply a reflex action.

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