Attorney: Terri Schiavo Again Being Fed Through Tube

Outside the hospice later, Pat Anderson again called for Michael Schiavo to remove himself from the case and let the Schindlers take care of their daughter, as they have offered to do.

"He's already moved on with his life," she said. "Just leave her alone."

Yes. Why won't he?

There's money involved. There was a million-plus settlement in a malpractice case. He divorces her, he gets nothing.

Just a tad earlier JH2 posted a story that said there's only $54,000 of the $1.6 mil of the suit award left. Is he the beneficiary of a life insurance payment still pending? If that's the reason he wants to prevent the parents from taking custody, this guy is a bad hombre.

I just read on WND that the husband abducted her out of the hospital.

She was in the hospital to have the feeding tube reinserted. She was then taken back to the hopspice.

Her husband has finally relented and will allow her parents and family to visit her, though they won't get any medical updates on her condition.

Yes. Why won't he?

Because he wants to see that her wishes are carried out. If he walks away now, he's sentencing her to another forty years of staring at the hospital ceiling.

Then that is his only motivation? There is no money involved? Terri's continued existence under the care and financial burden of her parents carries no burden for him; and, if a vegetable she be, then she has no concept of being sentenced or any other thing. Time , for her, does not exist. I can't help feeling that the husband is being strange about this. I want to know what the real reason is.

There's some evidence circulating that she is not a vegetable.

I don't think so...

1. If he divorced her, he'd be ordered to pay for her continued support (alimony) and would likely be bankrupted in the process..

2. Even if the parents did pay, they'd quickly go broke and the state would have to pick up the tab.

Aside from that, it was her wish that she die. I would take the wishes of a loved one very seriously, just as he is.

What you say doesn't compute, I think.

Under the circumstances, it seems pretty clear that an amicable solution exists: the parents take Terri and agree not to require alimony...certainly Terri cannot petition for it; Hubby won't; and he could agree to forfiet custody upon that condition.

How expensive is it to care for Terri if the parents are willing to do it? I'd could do it....and survive the economics. Not much different from caring for my Gram with alzheimers and diabetis for two years, I reckon.

How are you so sure that Terri expressed her wish to die? I have often casually said that, under similar circumstances, my wife is to pull the plug. But I never thought enough about it to render it on a document. And reading these stories, I now wonder if I would. Hmmm

You could probably pick among several reasons...

1. He's the beneficiary of her life insurance...with a double indemnity clause
2. If he maintains guardianship of her trust it won't be audited when she dies. He will never have to account for where $700,000 that was awarded to her for her rehabilitation and lifetime care has gone
3. If he's the guardian when Terri dies, there will be no autopsy. He's ordered an immediate cremation
4. Terri's caretakers have said that within the past year Terri was able to blink her eyes to answer yes and no questions. He doesn't want her ever to be able to do that
5. His attorney, Felos, wants to publish another book. This one would be about Terri. He'd need her guardian's permission for much of its content. Wonder how much he'd pay Schaivo for that? Wonder how much Schaivo would be paid as a consultant when the film is made?
6. Nearly a decade ago Terri's parents told MS if he would just walk away and let them care for Terri he could keep whatever was left in the trust fund. He refused.
7. At least a dozen medical experts, including 6 very prominent neurologists have stated that Terri isn't in a PVS and that she could benefit significantly from rehabilitation and therapy. Several of them have offered to treat Terri pro bono...(pro bono = free of charge)

There's more, but it's been a long day and I'm hitting the hay. Hope this helps. For a lot more info, you might read the info at this link: http://webpages.charter.net/honeygrl/terri.txt

Thank you.

"The hysterical opposition to his case says so much more about us as a society," he said. "I think it says so much more about our fear of death than the sanctity of life." Felos

"Woe to those who call evil good, and good evil; Who substitute darkness for light and light for darkness; Who substitute bitter for sweet and sweet for bitter!"

This AP retardo appears to be reporting, but it's really just reflexes. Doctors deny that he is conscious.

And the double indemnity life insurance policy, that will pay out upon her death, has nothing to do with it?

Plus, MS said NOTHING about Terri's "wish to die" at the malpractice trial. He stated he wanted the money to care for her till her natural death. It wasn't till the money was safely his that he suddenly 'remembered' Terri's wishes, had her moved to a hospice, denied any form of rehabilitation, and put a DNR order on her chart. His motives are ENTIRELY financial (and probably spiced with spite and hatred of the woman who dared to tell him she wanted a divorce.)

Yes, dasboot. Read that link lonevoice gave you. Also see the videos of Terri at the website that Terri's parents put up at http://www.terrisfight.org .

The following points out the crux of the problem. Terri is very possibly in the state she is in due to her husband. The evidence, which was never investigated by law enforcement points in that direction. It appears that Michael Schiavo, in collusion with Attorney Felos and 'Judge' Greer, are involved in a criminal enterprise to have the state of Florida finish off what Michael started. As other FReepers have pointed out, it appears that these three may have been engaging in this death-for-profit with other patients for some time, but Terri, and Terri's parents, have refused to go quietly, upsetting their apple cart. The following is an excerpt from the link http://webpages.charter.net/honeygrl/terri.txt :

"....49. Terri has not been certified as "terminally ill" as required by federal regulations for the use of federal funds for hospice care, yet has resided at Hospice Woodside since March or April, 2000.

50. Upon information and belief, defendant Schiavo has never paid the bill from defendant Hospice of the Florida Sun Coast, Inc. (Hospice Woodside). [interesting factoid, since this 'hospice' is in debt to the Federal Government for almost $15, and Schiavo received over $1 million dollars for Terri's care. However, the law would seem to have been written for him: 744.358 Liability of a guardian.-- (1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.]

51. Co-conspirator Felos is a former Chairman of the Board of defendant Hospice of the Florida Sun Coast, Inc.

52. It is believed that co-conspirator George J. Felos combined and conspired with defendant 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

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"helping" incapacitated people to die by categorizing them as "terminal," warehousing them, and depriving them of therapy and rehabilitation services.

53. A certified nursing assistant, Carolyn Johnson, came forward on August 28, 2003, in reaction to the publicity surrounding Governor Jeb Bush's intervention in the related case at the Florida Circuit Court level, and revealed that she quit her job at the Sabal Palms Nursing Home, in Largo, Florida, where Terri was once a patient, after being told that defendant Michael Schiavo had ordered no rehabilitative therapy for Terri, a situation quite unlike that obtaining with the patient in the bed next to hers. (See Ms. Johnson's affidavit annexed hereto.)

54. Also attached hereto is a similar affidavit from Carla Sauer Iyer, R.N., who worked at Palm Garden of Largo Convalescent Center, in Largo, from April 1995 to July 1996, while Terri was a patient there. Moreover, paragraph 11 of Nurse Iyer's affidavit strongly suggests the possibility that defendant Michael Schiavo may have wrongly given Terri doses of Regular Insulin while he was alone with her in her room at Palm Garden of Largo.

55. Defendant Schiavo, a state actor in his capacity as the state court-appointed guardian of the person of Theresa Marie Schiavo, upon information and belief, may be using the judicial processes of the State of Florida to conceal prior criminal activity.[ evidence that he may have caused severe trauma to her, including strangulation ]

56. Since February 25, 1990, Terri Schiavo has remained profoundly disabled.

57. Despite her profound disability, however, Terri responds with love and affection to her plaintiff parents, responds to commands, responds to visitors who sing Catholic and secular hymns and songs to her (even on at least one occasion by raising her eyes and her usually rigid arms over her chest as though in an attempt to keep time with

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the melody, and showing an expression of appreciation), and vocalizes in context- appropriate ways.

58. Defendant 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.

59. Were Terri to undergo the barium swallow test, her swallowing of the thick white liquid substance might prove that she in fact is able to eat and that, therefore, there should be no court order to bring about her death by starvation and dehydration.

60. Notwithstanding 13½ years of abuse and neglect at the hands of her husband, Terri remains responsive to her environment and a clear candidate for rehabilitative therapy as required by the ADA and by the Rehabilitation Act of 1973. This is shown by the following facts: a) approximately a year after the anoxia incident of February 1990, Terri was crying out, "No, no!" and "Stop!" during physical therapy sessions, which defendant Schiavo arranged to be abandoned after 1993. Her statement of pain prompted the aforementioned bone scan revealing evidence of traumatic bone fractures; b) she laughs, smiles, and responds to commands (see Exhibit "B", a color photograph of Terri smiling in her plaintiff mother's immediate presence); and c) she approvingly responds to singing by visitors she seems familiar with, even going so far as to elevate her eyes and neck and lift her arms upward from her chest as though trying to keep the tempo of the melody for an appreciable length of time.

61. A copy of the affidavit of Dr. Alexander T. Gimon, attached hereto as Exhibit "C," presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy. Dr. Gimon, a clinical neuropsychologist, says on page 12 of the

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affidavit: "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."

62. A copy of the affidavit of Sara Green Mele, a speech-language pathologist at the Rehabilitation Institute of Chicago who is also associated with Northwestern University's Feinberg's School of Medicine, is attached hereto as Exhibit "D." Ms. Mele states that Terri "has sufficient swallowing ability to handle her own secretions" and should receive modified barium swallow study "to assess swallow function for intake trials of thin and thick liquids and pureed consistencies." Ms. Mele states that Terri is clearly vocalizing in context-appropriate ways and would benefit from speech-language therapy, physical therapy, and occupational/recreational therapy. She believes such therapies would "significantly enhance" Terri's quality of life.

63. On or about August 14, 2003, Terri developed vomiting, coughing up of blood, and breathing difficulties, an emergency medical condition within the meaning of EMTALA. She was taken to Morton Plant Hospital in Clearwater and admitted.

64. On Thursday, August 20, 2003, Terri was discharged from Morton Plant Hospital without her condition having been stabilized.

65. This premature discharge from hospital may have been against medical advice, at the insistence of defendant Schiavo, as part of the "exit protocol".

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66. On Sunday, August 24, 2003, Terri was returned from defendant Hospice Woodside to Morton Plant Hospital with a recurrence of vomiting and a 102 degree fever, and she subsequently was believed to be suffering from left lung pneumonia and sepsis.

67. In an apparent effort to hasten his wife's demise, defendant Schiavo directed non-party co-conspirator George J. Felos to seek an order from the state court trial judge terminating not only food and water, but also the administration of antibiotics and other treatments for the pneumonia. On Monday, August 25, Mr. Felos, conspiring with Mr. Schiavo in the latter's capacity as a state actor, brought an emergent motion in Florida's Sixth Judicial Circuit praying for this relief and for Terri to be provided with only "comfort care."

68. The trial judge, expressing concern about due process, denied this request by Messrs. Schiavo and Felos pending the September 11, 2003 hearing and the filing of a petition by Mr. Felos to terminate Terri's medical care.

69. The emergent motion by Felos and defendant Schiavo in the Sixth Judicial Circuit on August 25, 2003 was clearly part and parcel of the "exit protocol" devised by Mr. Felos, especially as the application is completely outside the ambit of Florida law on the treatment of hospital patients, as the application seeks the denial of antibiotics.

70. In the face of growing public outrage over the efforts of defendant Schiavo's determined efforts to secure the death of his own wife, the Honorable Jeb Bush, Governor of the State of Florida, personally wrote to the trial judge on August 26, 2003, urging him to appoint an independent guardian ad litem and to consider all new evidence regarding Mrs. Schiavo's capacity for rehabilitation and recovery of function.

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71. In reaction to Governor Bush's action, Mr. Felos and defendant Schiavo held a news conference on August 26, 2003, during which they alleged that the Governor had interceded in the matter as part of a right wing, Right to Life conspiracy involving his political supporters.

72. At the news conference, Mr. Felos opined that providing Terri with antibiotics and other basic medical care for pneumonia and sepsis is "an example of the over- treatment of a terminally ill patient" and "excessive treatment of the terminally ill" which makes people "wonder why Medicare is going broke".[ THIS FROM AN ATTORNEY WHO HAS ADMITTED TO RECEIVING $500,000 FROM TERRI'S FUNDS, WHICH WERE TO BE USED FOR HER REHABILITATION, AND INSTEAD HAVE BEEN USED TO ENSURE HER DEATH!! ]

FIRST COUNT
AMERICANS WITH DISABILITIES ACT
_______________________________

73. Plaintiffs repeat all of the allegations of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference.

74. 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.

75. 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

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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.

SECOND COUNT
DUE PROCESS VIOLATIONS: FIFTH AND FOURTEENTH AMENDMENT

______________________________________________________

76. Plaintiffs incorporate by reference all paragraphs above as if set forth verbatim and at length herein.

77. Regardless of what is provided by the laws of the State of Florida and regardless of the Florida District Court of Appeals decision mandating discontinuance of the G-tube, Terri has an independent right to life under the United States Constitution, Amendment V and the Fourteenth Amendment.

78. The state court proceedings and the minimal quality of proof required to establish clear and convincing evidence of Terri's supposed intent to refuse food and water as medical treatment constitute insufficient due process for protection of her federal constitutional right to life.

79. Terri's Fifth Amendment right to life is also violated by the ex post facto application to her situation of a 1999 Florida statutory amendment which by its terms operates only prospectively, adding food and hydration to the categories of medical treatment a patient has the right to refuse under that state's Living Will Law and that state's Constitution. [ SEE NOTE BELOW* ]

80. There was no evidence in the state court proceedings that Terri ever referred specifically to food and hydration in her alleged remark about "nothing artificial" made at a time when Florida law did not allow for termination of food and hydration.[ SEE SAME NOTE* BELOW].

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81. 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 most of the time. [ REQUIRED BY FLORIDA LAW ON GUARDIANSHIP http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/ch0744.htm ].

82. Terri briefly did have the service of Richard L. Pearse, Esq., appointed by the court in 1998.

83. Attorney Pearse was dismissed from the case by the state court on motion by George J. Felos, Esq., the non-party co-conspirator herein, after the former filed a report concluding that Michael Schiavo had an irreconcilable conflict of interest due to Schiavo's relationship with another woman, his financial stake in Terri's death, and the fact that he tried to let Terri die of a urinary tract infection in 1993.

84. The state court proceedings which led to the Florida Second District Court of Appeals' fateful August 22, 2003 order severely prejudiced Terri's federal constitutional and statutory rights, which were never defended and in fact were violated. The violations included: a) ineffective assistance of counsel, b) due process violations, and c) blatant conflict of interest with Terri's guardian, defendant Michael Schiavo, as more fully set forth above.

THIRD COUNT
REHABILITATION ACT OF 1973
__________________________

85. Plaintiffs repeat each and every allegation of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference.

86. 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

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assistance. Hospitals and hospices that accept Medicare and Medicaid funding are subject to the Act...."

87. Defendant Hospice Woodside is subject to the Act because it receives federal funding.

88. The aforesaid acts and omissions of defendants have violated Terri's right to rehabilitation under the Act.

*NOTE:

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;

(2) to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or

(3) to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.

(b) Construction and treatment of certain services

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.

___________________________________________________________

I'd like to point out a few other things:

WHO CAN BE A GUARDIAN?

..."(3) DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward's best interest. [ BOTH SCHIAVO'S ATTORNEY, FELOS, AND THE JUDGE IN THE CASE, GEORGE GREER, HAVE TIES TO $UNCOAST HOSPICE.]

FReeper Quinn mentioned on another thread regarding Jeb's EO:

"I've been thinking about what a "more substantial" law should be. Perhaps a bill that would give the Governor the right to appoint a guardian ad litem in cases where a conflict of interest by the Court is suspected and the judge with jurisdiction in question has not properly recused himself. -Qwinn "

Quinn is right. I spent a little time reading the Statutes of Florida, and these guardianship/hospice/ laws look like they could have been written with a career for Schiavo/Felos/Greer in mind.

Look at the following, for example, which discusses the guardian's fees to be paid to the guardian's attorney out of the ward's monies, and to be approved by the 'court'.

(8) When court proceedings are instituted [read Greer's] to review or determine a guardian's [read Michael Schiavo] or an attorney's [read George Felos] fees under subsection (2), such proceedings are part of the guardianship administration process [read the guardianship board that Greer sits on ] and the costs, including fees for the guardian's [Schiavo's] attorney [Felos], shall be determined by the court [Greer's] and paid from the assets of the guardianship estate [Terri's] unless the court [Greer's] finds the requested compensation under subsection (2) to be substantially unreasonable.

There's no accountability here when all the players are in bed (Hospice) together.

This seems to me to go against the grain of the supposed intent of the legislation:

744.1012 Legislative intent.--The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the Legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.

Records are required to be kept, validated by oath. Did I read MS had been remiss in this?

744.104 Verification of documents.--When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: "Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief." Any person who shall willfully include a false statement in the document shall be guilty of perjury and upon conviction shall be punished accordingly.

The next part of the law REALLY gets my suspicions up:

"...(4) The Department of Elderly Affairs may adopt rules necessary to administer this section.

(5) A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state, may, but shall not be required to, register as a professional guardian under this section. If a trust company, state banking corporation, state savings association, national banking association, or federal savings and loan association described in this subsection elects to register as a professional guardian under this subsection, the requirements of subsection (3) shall not apply and the registration shall include only the name, address, and employer identification number of the registrant, the name and address of its registered agent, if any, and the documentation described in paragraph (3)(e).

(6) The Department of Elderly Affairs may contract with the Florida Guardianship Foundation or other not-for-profit entity to register professional guardians.

Sorry, this one is ripe for abuse, if you ask me. The elderly are OFTEN ALONE, vulnerable, and prone to being ripped off by con artists. Furthermore, I question why non-profits are used here, as non-profit means tax-exempt, and too many tax-exempts are dedicated to reducing this country to Communism. Banks are suspect because of their fractional reserve banking practices, tied to the international bankers who make up the 'Federal' Reserve, which is scandalous, if the truth would be known, and because if they are the guardians to some elderly persons with no family, think of the possibilities of embezzlement in the hands of someone like Schiavo/Felos/Greer. A quick trip to the death factory, the bank/trust pockets the ward's money, and no one's the wiser. I wonder if this is what has been going on at Suncoast with Felos and Greer.

At any rate, laws are being broken at both the state and federal level. Schiavo and Felos need to be taken off her case, arrested and held for suspicion of conspiracy to murder, and a host of other crimes someone should be able to come up with. There needs to be at the least restraining order preventing them from getting near Terri. Terri needs to be moved into protective custody away from any hospice or hospital connected with Schiavo/Felos/Greer, and her parents need to be established as her patient advocates, at the least. There needs to be some accountability from the persons in authority at both the state and federal level, because a lot of us out here are wondering how someone can commit murder in view of the whold world, and NO ONE, from the President of the United States and his attorney general on down, seem interested in stopping them.

Extra notes:

The 2003 Florida Statutes
CHAPTER 744
GUARDIANSHIP
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/ch0744.htm

There are many areas where Schiavo et al could be breaking the law, but it would take someone very familiar with the details of the case to figure that out. There also appear to be many loopholes in the hole, which Felos and Greer have appeared to have taken full advantage of. [ Read Galatians 4; the law engendereth to bondage. For which reason Jesus Christ came, to fulfill the law, and make us free. The laws of this nation will work only for a good and righteous people; the trinity of Schiavo/Felos/Greer do not fit the bill.]

The 2003 Florida Statutes
Title XLVI
CRIMES Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS View

CHAPTER 825

ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0825/ch0825.htm

"... 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.

This is a case for John [I will defend the 'rule of law'] Ashcroft. Where is he?????

"....Judge George Greer: Ruler of the Kangaroo Court set on killing Terri Schiavo. Impartial? Not in the least! 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! See the Hospice Board members! Greer accepted as the basis of his rulings, the questionable testimony of Michael Schiavo (and his family) that Terri would wish to be killed, yet Michael never stated that before he got about a Million Dollars to care for Terri forever. Greer also accepted as the basis of his rulings, the "opinion" of a third doctor who just happens to be the brother of a close associate of George Felos, right-to-kill attorney, and very significantly, former CHAIRMAN of the hospice board! If there ever was a rigged court, Judge Greer's is it!...."
http://www.hospicepatients.org/Hosp-FL-Suncoast-entrypage.html

FROM #563 OF THREAD (TERRI BEING REHYDRATED....):

"Funny, all the medical experts in this field have seen the same videos, examined her and concluded that she is in a permanent vegetive state with no hope of recovery.

You haven't read anything that disputes that? I have.

Dr. William Hammesfahr, a world-renowned expert in cases such as Terri's — and a Nobel Prize nominee — testified that Terri is not in a PVS. He also testified that he believes he could help her improve her circumstances through proper medical treatment. Ten other physicians have testified or given statements that Terri is not unconscious. *** Judge Greer instead chose to believe contrary testimony by ** a doctor who rarely sees Terri and **** ANOTHER DOCTOR, WHO MAKES AN AVOCATION OF TESTIFYING IN CASES SUCH AS TERRI'S THROUGHOUT THE COUNTRY, ALWAYS ON THE SIDE OF DEHYDRATION.
NRO [see link at thread. Sorry I have too many windows to go back and retrieve it for you.]

Seems odd to me that 10 doctors say she's not pvs and 2 say she is.

563 posted on 10/21/2003 8:03 PM PDT by katnip ..... "

CRIMES OF THE STATE OF FLORIDA:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0817/part01.htm&StatuteYear=2003&Title=%2D%3E2003%2D%3EChapter%20817%2D%3EPart%20I

The 2003 Florida Statutes

Title XLVI
CRIMES Chapter 817
FRAUDULENT PRACTICES View Entire Chapter

817.505 Patient brokering prohibited; exceptions; penalties.--

(1) It is unlawful for any person, including any health care provider or health care facility, to:

(a) Offer or pay any commission, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of patients or patronage from a health care provider or health care facility;

(b) Solicit or receive any commission, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring patients or patronage to a health care provider or health care facility; or

(c) Aid, abet, advise, or otherwise participate in the conduct prohibited under paragraph (a) or paragraph (b).

(2) For the purposes of this section, the term:

(a) "Health care provider or health care facility" means any person or entity licensed, certified, or registered with the Agency for Health Care Administration; any person or entity that has contracted with the Agency for Health Care Administration to provide goods or services to Medicaid recipients as provided under s. 409.907; a county health department established under part I of chapter 154; any community service provider contracting with the Department of Children and Family Services to furnish alcohol, drug abuse, or mental health services under part IV of chapter 394; any substance abuse service provider licensed under chapter 397; or any federally supported primary care program such as a migrant or community health center authorized under ss. 329 and 330 of the United States Public Health Services Act.

(b) "Health care provider network entity" means a corporation, partnership, or limited liability company owned or operated by two or more health care providers and organized for the purpose of entering into agreements with health insurers, health care purchasing groups, or the Medicare or Medicaid program.

(c) "Health insurer" means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan as defined in s. 624.031, any health maintenance organization authorized to transact business in the state pursuant to part I of chapter 641, any prepaid health clinic authorized to transact business in the state pursuant to part II of chapter 641, any prepaid limited health service organization authorized to transact business in this state pursuant to chapter 636, any multiple-employer welfare arrangement authorized to transact business in the state pursuant to ss. 624.436-624.45, or any fraternal benefit society providing health benefits to its members as authorized pursuant to chapter 632.

(3) This section shall not apply to:

(a) Any discount, payment, waiver of payment, or payment practice not prohibited by 42 U.S.C. s. 1320a-7b(b) or regulations promulgated thereunder.

(b) Any payment, compensation, or financial arrangement within a group practice as defined in s. 456.053, provided such payment, compensation, or arrangement is not to or from persons who are not members of the group practice.

(c) Payments to a health care provider or health care facility for professional consultation services.

(d) Commissions, fees, or other remuneration lawfully paid to insurance agents as provided under the insurance code.

(e) Payments by a health insurer who reimburses, provides, offers to provide, or administers health, mental health, or substance abuse goods or services under a health benefit plan.

(f) Payments to or by a health care provider or health care facility, or a health care provider network entity, that has contracted with a health insurer, a health care purchasing group, or the Medicare or Medicaid program to provide health, mental health, or substance abuse goods or services under a health benefit plan when such payments are for goods or services under the plan. However, nothing in this section affects whether a health care provider network entity is an insurer required to be licensed under the Florida Insurance Code.

(g) Insurance advertising gifts lawfully permitted under s. 626.9541(1)(m).

(h) Commissions or fees paid to a nurse registry licensed under s. 400.506 for referring persons providing health care services to clients of the nurse registry.

(i) Payments by a health care provider or health care facility to a health, mental health, or substance abuse information service that provides information upon request and without charge to consumers about providers of health care goods or services to enable consumers to select appropriate providers or facilities, provided that such information service:

1. Does not attempt through its standard questions for solicitation of consumer criteria or through any other means to steer or lead a consumer to select or consider selection of a particular health care provider or health care facility;

2. Does not provide or represent itself as providing diagnostic or counseling services or assessments of illness or injury and does not make any promises of cure or guarantees of treatment;

3. Does not provide or arrange for transportation of a consumer to or from the location of a health care provider or health care facility; and

4. Charges and collects fees from a health care provider or health care facility participating in its services that are set in advance, are consistent with the fair market value for those information services, and are not based on the potential value of a patient or patients to a health care provider or health care facility or of the goods or services provided by the health care provider or health care facility.

(4) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Notwithstanding the existence or pursuit of any other remedy, the Attorney General or the state attorney of the judicial circuit in which any part of the offense occurred may maintain an action for injunctive or other process to enforce the provisions of this section.

(6) The party bringing an action under this section may recover reasonable expenses in obtaining injunctive relief, including, but not limited to, investigative costs, court costs, reasonable attorney's fees, witness costs, and deposition expenses.

(7) The provisions of this section are in addition to any other civil, administrative, or criminal actions provided by law and may be imposed against both corporate and individual defendants.

History.--s. 1, ch. 96-152; s. 226, ch. 97-101; s. 168, ch. 98-166; s. 297, ch. 99-8; s. 7, ch. 99-204; s. 228, ch. 2000-160.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0817/SEC505.HTM&Title=->2003->Ch0817->Section%20505

Husband Michael Schiavo's attorney angrily complained the woman was being mistreated by attempts to keep her alive, and legal scholars predicted that Bush's intervention would be ruled unconstitutional.

Though I value the Constitution and believe in its importance, in this case, I don't care! There are cases where law does not address every nuance of life. And just because we can't pidgeon-hole all of life's happenstance with some sort of legal application, this should not cause us to no longer use common sense. Kinda reminds me of this story ...

Luke 13 (NIV)

10 And he was teaching in one of the synagogues on the sabbath.

11 And, behold, there was a woman which had a spirit of infirmity eighteen years, and was bowed together, and could in no wise lift up herself.

12 And when Jesus saw her, he called her to him, and said unto her, Woman, thou art loosed from thine infirmity.

13 And he laid his hands on her: and immediately she was made straight, and glorified God.

14 And the ruler of the synagogue answered with indignation, because that Jesus had healed on the sabbath day, and said unto the people, There are six days in which men ought to work: in them therefore come and be healed, and not on the sabbath day.

15 The Lord then answered him, and said, Thou hypocrite, doth not each one of you on the sabbath loose his ox or his ass from the stall, and lead him away to watering?

16 And ought not this woman, being a daughter of Abraham, whom Satan hath bound, lo, these eighteen years, be loosed from this bond on the sabbath day?

17 And when he had said these things, all his adversaries were ashamed: and all the people rejoiced for all the glorious things that were done by him.