Posted on 10/23/2003 5:58:54 PM PDT by First_Salute
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Civil Action No.: 8:03-CV-1860-T-26-TGW
THERESA MARIE SCHINDLER
SCHIAVO, Incapacitated, by her
Parents and Next Friends, ROBERT
and MARY SCHINDLER,[snip]
12. In or about February, 1993, Schiavo received the medical malpractice
money, and approximately $750,000 was put into the guardianship fund for
Terri's care.
13. Shortly afterward, Schiavo placed a "Do Not Resuscitate" order in Terri's
medical chart. A few months later, in or about June, 1993, Schiavo directed
Terri's caregivers to withhold antibiotic treatment for an infection she had
developed, in the expectation that she would die from the resulting sepsis,
which expectation Schiavo stated under oath in a deposition.
14. In 1995, Schiavo began living with a woman whom he now publicly
describes as his "fiancee" and with whom he had a child in September, 2002
and with whom he is expecting his second child.
15. From Fall, 1991, and continuing up until the present day, Schiavo has
denied any and all attempts at meaningful rehabilitative therapy for Terri
Page 5 of 33
and, in addition, has denied basic services such as regular teeth cleaning and
gynecological care. He has placed and continues to place unreasonable
restrictions on visitation by others with Terri, including her priest. He
opposed speech therapy that has the aim of weaning her off the G-tube back
onto nutrition by mouth, even though such weaning is a common
therapeutic accomplishment, and Schiavo knows Terri is a good candidate
for such weaning.
16. For the past decade, Schiavo has been so intent on preventing any
improvement in Terri's condition that he has threatened her caregivers with
loss of their jobs if they disobeyed his orders that no rehabilitative help be
given to Terri. Frequently, he expressed frustration that Terri had not died.
During this period, Terri's caregivers report that Terri was saying "Help
me" and "mommy" on a routine basis.
17. Finally, in May, 1998, Schiavo filed his Petition to Discontinue Artificial
Life Support and to Appoint Guardian Ad Litem (hereinafter "the
Petition"), seeking the Court's permission to remove Terri's G-tube.
Schiavo did not state his express desire to withhold food and water by
mouth from Terri, nor did he seek the Court's permission to do so. He did
state that it is "highly likely" that he will re-marry upon Terri's death,
Page 6 of 34
however. The Petition was brought pursuant to Chapter 765 of the Florida
Statutes, concerning advance directives.
18. At the time of the filing of the Petition, approximately $718,000 was in
Terri's guardianship fund for her care.
19. Although initially the Court did appoint a guardian ad litem for Terri and
the guardian ad litem filed a written report recommending denial of the
Petition, the Court removed the guardian ad litem upon Schiavo's
insistence, and no successor guardian ad litem has ever been appointed.
20. In January, 2000, the Petition was tried to Hon. George W. Greer. No
attorney, no guardian ad litem, or any other independent voice represented
Terri at this trial. At this trial, Schiavo remembered, for the first time, that
Terri had told him sometime during the 1980s that she would not want to
survive on "anything artificial."
21. In February, 2000, Judge Greer granted the Petition, even though Terri left
no written advance directive nor was even alleged to have said she wanted
no rehabilitation or food and water by mouth in the event of her incapacity.
___
I am given to understand that as a matter of law, Terri would have to have not only stated that she did "not want to live that way," she would also have had to state that she did not wish to be given food nor water in the event of her incapacity.
Without and investigation, we don't know any of this yet. But, it is ripe for the investigation. If true, I want all involved to pay with prison time.
--------------------------
Absolutely, and I don't want to see her killed in the meantime. Her parents, who seem to have her best interest at heart, should be given full guadianship and Mike Shicaro set free. However, he wants something else under some guise. I suspect the man is protecting himself from something that will come out if she regains functional speech. If I'm wrong, I'm wrong. However, letting parents have complete control and guardianship would seem to be a benign act that would benefit everyone.
Good thinking!
Well then you must have misplaced it lately!
--------------------------
Not late revealed, late concocted of convenience and necessity.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.