Insider shifts stance on removing Schiavo 's feeding tube

On the crowded stage where the melodrama about Terri Schiavo is played, Richard Pearse Jr. had a smallish role.

The Clearwater lawyer served as Schiavo's guardian ad litem for a year, from the middle of 1998 to 1999. His job was to represent the young woman's interests in one of the hearings where Schiavo's husband sought removal of her feeding tube.

Pearse investigated her case. He interviewed her relatives. He read the medical records.

Then, in December 1998, he recommended to the judge that the feeding tube remain.

Her husband had a substantial conflict of interest, Pearse said. If the tube were removed and she died, Michael Schiavo stood to inherit $700,000 left over from a malpractice settlement. Pearse also was troubled by Schiavo's conduct. He had stopped trying to get therapy for his wife after the money came through, Pearse said.

Pearse also noted that Terri Schiavo's parents, Bob and Mary Schindler, had a potential conflict. If Michael divorced his wife and the Schindlers took over her care, they would stand to inherit the $700,000.

Pearse's recommendations went into the thick file of the Schiavo case. January 2000 brought a weeklong trial. When it ended, Pinellas Circuit Judge George Greer drew other conclusions. Terri Schiavo was in a persistent vegetative state, he said. There was no doubt of that. Her feeding tube could be removed.

I went back to Pearse earlier this week because the feeding tube is still the issue of the hour. The intervention of the governor and Legislature saw to that.

I wanted to test the strength of my own opinions. Was I wrong to side with Michael Schiavo?

Was I missing something more clear to somebody on the inside of the case, like Pearse?

Well, yes, I was. I didn't know that Pearse's views had changed since 1998. He no longer opposes the removal of Terri Schiavo's feeding tube.

Most of the medical testimony, given at trial and after Pearse issued his recommendations, concluded she would never recover.

The primary reason for Michael Schiavo's conflict of interest is gone. Only about $50,000 of the original $700,000 settlement remains. The rest reportedly went to Terri Schiavo's care and legal fees.

The case itself has been closely scrutinized by judge after judge, and their findings have been unanimous. The judges thought they knew what Terri Schiavo would have wanted.

They also found Michael Schiavo credible. Even with a conflict of interest, Pearse said, he could be right about his wife's wishes.

That's what courts are supposed to provide, Pearse said. They are supposed to sort through our biggest disputes and put them to rest.

Once the governor and Legislature stepped in and pushed through Terri's Law, the courts were denied their usual role.

He predicted, as others have, that Terri's Law will be struck down as unconstitutional, a case of unequal protection under the law. The concept means that it's illegal to give Terri Schiavo a right that others don't get. Terri's Law was written to cover her situation and hers alone.

In one court case, Michael Schiavo mounts a challenge to Terri's Law, before Pinellas Circuit Judge W. Douglas Baird.

The other battle is before Judge Greer, as it has been for years. Terri Schiavo's parents are asking, as they have repeatedly, for the ouster of Michael Schiavo as his wife's guardian. Like Pearse, the rest of us can only watch.

Mary Jo is at it again.

Does she really think we don't know who her good buddies are?

Does she really think we don't know that she is so far left of left that her own right hand can't keep up?

Nov. 15 2000, Ms. Melone begins her attacks on Kathleen Harris:

The greatest crisis in the modern history of America is being decided by a millionaire afraid to come out of the woodwork, your secretary of state, Katherine Harris. Harris has rarely been seen in public since shortly after Florida's heart-stopping presidential election returns last Tuesday.

A whole week.

The governor had necessarily taken himself out of the picture.

The job of leading the state through these extraordinary days naturally then fell to Harris, wherever she was.

Then she added he two cents again on Nov. 26:

The Republicans don't like the recounting in the Democratic country of South Florida, where Gore wants even ballots a computer would reject counted. So the GOP sues. The Democrats are enraged at the tinkering with absentee ballots carried out by the GOP in Republican-rich Seminole County, that made incomplete ballots complete. So the Democrats sue.

Each side hails a court decision in their favor as the greatest document since the Federalist Papers. When they lose, they holler that the life, liberty and the pursuit of happiness among even those of us with so little pull we spend Saturday nights in the Laundromat is in grave danger.

Then the Republicans run wailing from Tallahassee to Washington.

We know how she feels about Jeb Bush and abortion: May 18, 2003

There could be reasonable ways to handle this problem, but Jeb Bush had other ideas. The governor stuck his nose in the middle of things and asked that a guardian be named for the fetus - a direct challenge to state law, which holds a fetus is not a person and thus in no need of a guardian.

Bush's position puts him squarely, banners flying, in the front of the pro-life crusade. The idea that a fetus is a person is the fundamental platform of the anti-abortion campaign. And it's what makes this story national news.

The problem is, the story focuses on the wrong element, the needs of the fetus.

We aren't hearing a peep about the woman.

You forgot to issue the BARF alert.

1...Cannot trust anything Mary Jo Melone has to say about this case. She has no credibility with the facts IMO.

2...Key Schindler Group people in Terri’s Case should still contact Attorney Pearse. However, he still may not help as he has other issues here, but worth the effort. Pearse had many other comments in his GAL Affidavit regarding Michael, other than the $700k money issue. Most newer people to this Case have never read his full ten page GAL Affadavit.

Pearse is probably not aware of the recent facts involving how Michael utilized this money. I/we, well understand the “legal loopholes” that Michael-Felos-Greer are utilizing to use Terri’s Trust money to pay legal fees. I/we/our attorney’s still think it is illegal, and a violation of the Malpractice Settlement Agreement and the responding Trust Agreement. I have included Attorney Pearse’s public available information as attached below for anyone interested.

3...Regarding Attorney Pearse’s comments in Mary Jo’s current article - The Inside Skinny:

I live in Miami and understanding Florida laws and “backwoods” politics very well. See my FR personal profile for more info, if this is your pleasure. No disrespect intended, but many FR poster’s on the Terri Schiavo Case do not understand the many extreme complexities and “backwoods” politics involved here and accordingly they reach erroneous and/or emotionally driven conclusions. Again not trying to be demeaning, this is just one of the most complex Cases, overall, I have seen in almost thirty years. This Case has broad reaching ramifications that affects the entire County, our U.S. Healthcare policies in this matter, the positions of the American Medical Association, and the positions of the Florida Department of Health.

Florida “Powers” didn’t want this Terri Schiavo Case to spill into the National media spotlight. They tried everything possible to sweep this deal under the carpet and even Washington was involved. Most people have no idea how close the “Powers” came to being successful in sweeping Terri’s demise under the carpet and shrugging their shoulders, saying “we did all we could”. However, through a lot of hard work, and God’s grace, Terri’s Law got passed. Once again, trust me, you have no idea how close Terri’s Bill/Law came to be defeated, and if the Terri’s Right-To-Life Movement had to do it again next week, we would not be successful this time.

NOTE:-It’s interesting all the organizations around the U.S. taking credit for making Terri’s Law a reality. Yet I have not seen one forum post, or a National or Local media article, on the one organization who really put that Terri’s Bill over the top. Without that ONE organization, Terri’s Bill would have never happened, much less become Law. (No, I am not taking about us, we don’t have that kind of horsepower, never will)

It is a 99% foregone conclusion, by the Floridian “heavy weights in the know” that Terri’s Law will be struck down by the Florida Courts. There are many valid reasons for this that I will not delineate in this particular post. This still doesn’t mean it is going to happen, but the odds highly favor it. The Floridian “old-line” Judges, the Florida Bar Association, the Clearwater Bar Association, and others want Terri’s Law nullified for a “political message” to “certain people”. Also Florida has the most liberal Supreme Court in the County, and some of the most strict-liberal Right-To-Privacy and Right-To-Die laws in the Country. Why do you think that the National Right-To-Die maggots(IMO) picked this Schiavo Case as a National Test Case. It wasn’t an accident or because they like fresh orange juice.

I/we have seen many people like Attorney Pearse, change their public, but not private, opinion on the Terri Schiavo Case since Terri’s Law was signed by Governor Bush. I am not questioning this attorney’s credibility whatsoever. I am just stating that unfortunately they are much bigger forces/currents involved here that just Terri’s Life or Death Interest. It’s a very sad fact, but nevertheless a fact. I wish some people could wake up before it’s too late....it's getting very old.

Interesting, Attorney Pearse, made a different statement in the press on this subject, just four weeks ago...of course the "trade winds" changed.

These larger agenda’s create great danger to the lesser informed......

Attachment I

Florida Bar Attorney Profile - OnLine Public Information
Richard Lee Pearse Jr
FBA 282723
Member in Good Standing
1239 S Myrtle Ave
Clearwater Florida 33756-3469
Phone: 727/462-9009
Fax: 727/449-2205
E-Mail: rlp@pearse.net
County: Pinellas
Circuit: 06
Admitted: 10/22/1979
Board Certification:
Elder Law, General Practice Solo and Small Firm, Real Property Probate and Trust Law, Trial Lawyers Members in Good Standing.

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