Terri's Fight - (Daily Thread/Updates)

Various | December 4, 2003 | sweetliberty

[Saundra Duffy]

Terri is still not safe. How scary.

[msmagoo]

At the very end of the USAToday article, there are two cases where family members disagreed and the courts sided with family members who wanted the feeding tube continued:

• In 2001, the California Supreme Court ruled that food and water should not be kept from a patient who is mentally incompetent but may still be conscious. In the case of Robert Wendland, 49, of Stockton, his wife wanted a feeding tube removed, but his mother argued that her son would want to live. Medical experts differed as to his level of consciousness. The court found the evidence was not "clear and convincing" that Wendland would have wanted the tube removed. He died before the court ruled.

• In 1995, the Michigan Supreme Court refused to allow the removal of Michael Martin's feeding tube. His wife had argued that Martin never wanted to live via artificial means. His mother and sister opposed the wife's wishes. His feeding tube was continued.

http://www.usatoday.com/news/nation/2003-10-14-schiavo_x.htm

[msmagoo]

Mary Martin Continues to Speak Out(wants to starve and dehyrate disabled, conscious husband) Although Mary Martin lost her quest to remove her husband's food and fluids [In re Martin, 538 N.W. 2d 399 (Mich. 1995)], she continues to advocate the removal of food and fluids from individuals who are severely disabled.

Addressing the "Families on the Frontier of Dying" conference in Philadelphia on May 21 1998, Mrs. Martin said, "He [Michael] is not PVS. He is conscious, awake…."

Referring to the fact that her husband was injured in a car-train accident, she asked, "Do you know why car insurance rates are so high?"

"Because people like Mike are being forced to stay alive. In his condition now he could probably out live me and our children. He's in well enough health, thanks to the feeding tube, he could out live us all. And for what? Because his mother and sister aren't willing to let him go."

She further stated, "He does nothing but smile…. Patients like this can smile and nod their head….They could be the organ donors who are so desperately needed." [Source: Transcript of conference video tape, "How Do Families Cope?" Families on the Frontiers of Dying, Philadelphia, PA, May 21, 1998.]

Source: International Task Force on Euthanasia and Assisted Suicide

[msmagoo]

The Michigan Supreme Court reversed the trial court's ruling that there was "clear and convincing evidence" that Michael Martin..."expressed (a medical) preference to decline life-sustaining medical treatment under the circumstances presented . . . ."[2] The Court of Appeals affirmed the trial court's determinations.[3]

In their decision, the Michigan Supreme Court said, "To err either way has incalculable ramifications. To end the life of a patient who still derives meaning and enjoyment from life or to condemn persons to lives from which they cry out for release is nothing short of barbaric. If we are to err, however, we must err in preserving life."

http://iphh.msu.edu/martin.htm

[pc93]

PLEASE MEGA FREEP: GLOBAL DISTRIBUTION, ETC.

To ALL: PLEASE PICK UP YOUR TORCH, INCORPORATE, SHARE, SEND THIS OUT TO THE OFFICIALS LISTED AND OTHERS AND PAPER THE INTERNET, MEDIA, ETC.
LOOK AT HIS WEBPAGE FOR FURTHER REFERENCE: http://statty.co.pinellas.fl.us

IF BERNIE HAS A CONFLICT OF INTEREST A SPECIAL PROSECUTOR MAY HAVE TO BE APPOINTED.

To:

State Attorney Bernie McCabe (727-464-6221), BMcCabe@co.Pinellas.Fl.us,
BERNIEMCCABE@FDLE.STATE.FL.US


12-15-2003

Dear State Attorney McCabe,

On 11-15-2003 I sent you a letter urgently requesting that you
begin a comprehensive investigation into past and ongoing violations
of Florida law under the mandate of Florida Statute 415.104.

I brought to your attention serious breaches of Florida laws by
Mr. Michael Schiavo in connection with his guardianship of Terri
Schindler-Schiavo, a disabled Florida adult. In my letter I asked
for a speedy transmittal of my report to all appropriate law
enforcement agencies. My reading of the law confirmed that FS 415.104
mandates that you begin investigating allegations within a 24-hour
period.

To date, I have not had a response from you. I will alert you once
more to the high probability of these felony crimes before looking
into remedies against your apparent refusal to act in accord with
the directives provided by the law.

All of the following allegations concern past and ongoing abuse
and neglect of vulnerable Florida adult, Theresa Schindler-Schiavo
by her estranged husband and guardian, Michael Schiavo. Specific
prosecutorial guidelines are provided in the Statutes under
pertinent sections titled "punishable under".

By unlawful guardianship commissions and omissions, Mr. Schiavo
denied Terri the retained right to be restored to capacity at the
earliest possible time. This failure to allow guaranteed services
is further aggravated by related denials of rights protected under
the Americans with Disabilities Act.

For ten years up to the present time Mr. Schiavo explicitly forbade
medical personnel to provide therapy for Terri that could accomplish
speedy restoration to which the law entitles her. By this he
knowingly and willfully contravened Section 744.3215(1)(c) of
the 2003 Florida Statutes.

Mr. Schiavo also denied his disabled adult ward essential
rehabilitative therapy enumerated along with other services as
retained rights in the 2003 Florida. By this he knowingly and
willfully contravened Section 744.3215(1)(i), which states that
"The right to receive necessary services and rehabilitation is
a retained right."

Regardless of the current medical debate regarding Terri's
precise diagnosis, the law states that retained rights, including
the right to necessary rehabilitative therapy may not be delegated
to the guardian (Section 744.3215(3)), because the ward retains
these rights for the duration of guardianship. The law is furthermore
clear in extending no authority to the court to waive, remove or
delegate the retained right to receive necessary services and
rehabilitation.

Section 765.401 pertaining to termination of life-prolonging
procedures does not permit the guardianship court to prohibit such
therapy, or to convey authority to do so to the guardian. By seizing
such unconveyable authority and by actively prohibiting such therapy,
Mr. Schiavo proved himself delinquent in the lawful exercise of
guardianship and stands in violation of Florida law.

Mr. Schiavo's violations include but are not limited to
obstructing Terri's retained right to the service necessary for
rehabilitating her swallowing function. The need for this
rehabilitation is underscored by the guardianship court's recent
order to have Terri's feeding tube removed. Without adequate use
of swallowing muscles Terri is in danger of death. By this unlawful
act, Mr. Schiavo additionally violated and continues to violate
Terri's Constitutional right to life.

The guardianship court's deferral to Mr. Schiavo's claims
that his wife wished to remain free of artificial life support
cannot be construed to indicate her wish to die from lack of the
basic necessities of food and water. At the time of her alleged
expression of an aversion to artificial life support, feeding tubes
were not included under that definition. That inclusion did not occur
until the passage of an amendment to the Florida Statutes in 1999.
As you well know, new legal definitions cannot be retroactively
applied to prior situations.

Nothing in the court's findings indicates that Terri would
consider oral feeding or the necessary therapy to facilitate it
a violation of her privacy. If that is not the case, then the
withdrawal of food and water and the therapy necessary to facilitate
oral feeding must be regarded as an invasion of her privacy and an
assault against her person.

By no interpretation of the law can Terri be said to have
relinquished her right to receive necessary rehabilitative therapy.
Therefore Mr. Schiavo's refusal to honor these rights is in
direct contravention of Florida law and constitutes a punishable
felony under Section 744.3215(1)(i).

In contravention of 2003 FS 825.102(3)2., Mr. Schiavo failed to
request an investigation indicated when a bone scan of Terri's
body revealed multiple fractures and head trauma. In defiance of a
court order, he then failed to inform Terri's family of the
discovery and proceeded to have the record of these injuries
sealed for over ten years. By these acts, Mr. Schiavo additionally
raised suspicions of his possible complicity in the causation of
Terri's injuries. This possibility must be investigated under
criminal statutes in addition to those pertaining to neglect,
abuse and aggravated abuse of a disabled adult.

In contravention of 2003 FS 744.3215(1)(a) (The right of persons
determined incapacitated to have an annual review of the guardianship
report and plan), Mr. Schiavo failed to provide the mandatory
guardianship report and plan for the past three years.

In contravention of 2003 FS 744.3215(f), Mr. Schiavo moved Terri
into hospice three years ago without the mandatory certification by
two physicians, thereby falsely imprisoning her and preventing her
from being in a more health-supporting environment such as the one
Terri's family is willing to provide for her. He forbade free and
unsupervised visits to Terri by her parents and siblings, despite
evidence that their presence provides warmth and comfort to her.

In contravention of 2003 F S 744.3215(l) (The right of persons
determined incapacitated to counsel and 2003 FS 744.3215(k) (The
right of persons determined incapacitated to have access to the
courts), Mr. Schiavo caused the dismissal of and failed to replace
Terri's Guardian ad Litem, thereby depriving her of her retained
rights to counsel and access to the courts.


Mr. Schiavo has been and is in the process of committing class 3 and
class 2 felonies under Sections 825.102(1), (2) and (3) pertaining to
abuse, aggravated abuse and neglect of an elderly person or disabled
adult.

In contravention of 2003 FS 825.102(1), Mr. Schiavo forbade the
rendering of basic oral hygiene to Terri, thereby increasing the
possibility of dental disfigurement and loss. He forbade the
application of standard joint mobilization movements, and by thus
impacting Terri's lymphatic activity and suppressing her immune
system put her at risk of disease, loss and disfigurement.

Upon the Governor's issue in October of this year of a specific
executive order to replace Terri's feeding tube, Mr. Schiavo
endangered her life by instructing his lawyer Barbara Bushnell to
threaten medical personnel with lawsuits, should they obey the law
by reinserting Terri's feeding tube.

During the period immediately preceding the executive order,
he forbade the administration of the Last Rites of Terri's faith,
in particular the spiritual comfort of Holy Communion, thereby
causing spiritual anguish and loss of salvatory hope. By this act,
Mr. Schiavo additionally violated Terri's civil right to the
exercise of her religion.

In contravention of 2003 F S 825.102(2)(b), Mr. Schiavo forbade the
placing of a washcloth to prevent Terri's fingernails from
cutting into her palms, thereby increasing the risk of painful,
disfiguring lacerations and health-threatening infections. He
failed to repair or permit the replacement of a broken wheel chair
that would allow Terri to be taken outdoors, thereby depriving her
of the comfort and the health-giving effects of fresh air,
sunshine and auditory stimulation.

He reduced the possibility of beneficial therapy by illicitly holding
Terri in a death-oriented hospice for three years, despite the fact
that she showed no signs of impending physical death. By this act,
Mr. Schiavo additionally violated Federal Statutes mandating a
diagnosis of "terminal" by two independent physicians prior to
placement in hospice.

In contravention of 2003 FS 825.102(2)(c) Mr. Schiavo endangered
Terri's life by seeking to prevent the realization of an
executive order by Governor Bush to replace Terri's feeding tube,
despite the fact that the Florida Legislature had empowered the
Governor through passage of a specific law.

In contravention of 2003 FS 825.102(3)(a)1., Mr. Schiavo forbade the
administration of standard antibiotics for infections resulting in
pain, possible disfigurement and potentially fatal sepsis. He refused
to allow Terri's examination by neurology specialists, thereby
diminishing Terri's opportunities to benefit from new therapies
discovered during the ten years that he had deprived her of therapy
altogether.

He failed to allow Terri to receive treatment by a speech therapist,
thereby depriving Terri of opportunities to demonstrate consciousness
and communication facility. He ordered the removal from Terri's
room of faith inspiring and comforting symbols of her religion,
thereby neglecting Terri's spiritual well being. He ordered the
removal from Terri's room of pictures of her loved ones, comfort-
giving items from her past and objects that could provide beneficial
sensory stimulation, thereby diminishing Terri's opportunity for
gaining responsiveness.

The above and other felony offenses by Mr. Schiavo are punishable as
provided in s. 775.082, s. 775.083, or s. 775.084 and other sections
of the criminal statutes. In light of these alleged multiple felony
violations by Mr. Schiavo I urgently request that you investigate his
behavior and make the necessary reports to law enforcement within the
specified time frame. It is of the utmost urgency that you carry out
your mandate as State Attorney of the State of Florida and protect
Terri Schindler-Schiavo against further neglect, abuse and other
harm from Mr. Schiavo.

Please contact me at the earliest possible time to inform me of the
course of action you are taking in this matter of grave concern. I
specifically request that you inform me in case there are additional
steps I should take to ensure that my allegations are followed by you
in the spirit of Florida Statute 415.104 and all applicable Florida
laws. Please be aware that I will consider an absence of additional
instructions from you as your agreement that my report to you
followed proper protocol and that you will treat it with all
diligence described in Florida law.

Sincerely,


..............

Cc.: jeb@jeb.org,remote-
printer.john_ashcroft@12025141009.iddd.tpc.int,remote-
printer.NAPAS_Board_of_Directors@12024089520.iddd.tpc.int,remote-
printer.Robert_Bernstein@12022230409.iddd.tpc.int,remote-
printer.John_Wodatch@2023071198.iddd.tpc.int,remote-
printer.Nan_Aron@2028226068.iddd.tpc.int,jamiemclaughlin@fdle.state.fl
.us,guytunnell@fdle.state.fl.us,fernanr@eog.state.fl.us,raquel.rodrigu
ez@myflorida.com,calamac@eog.state.fl.us,bob.marshall@trincomm.org,
ag@oag.state.fl.us,publicaf@co.pinellas.fl.us,wqueen@pcsonet.com,
sallen@pcsonet.com,kquire@pcsonet.com,alexander.jd.web@flsenate.gov,
argenziano.nancy.web@flsenate.gov,aronberg.dave.web@flsenate.gov,
atwater.jeffrey.web@flsenate.gov,bennett.mike.web@flsenate.gov,
bullard.larcenia.web@flsenate.gov,campbell.walter.web@flsenate.gov,
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villalobos.alex.web@flsenate.gov,schultz.debbie.web@flsenate.gov,
wilson.frederica.web@flsenate.gov

Bcc.: me@glennbeck.com,news@worldnetdaily.com,levesque@sptimes.com,
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[phenn]

bump

[phenn]

Just got off the phone with Bernie McCabe's office. They will not give out the fax number without the caller first getting permission to send a fax through to him.

How do you like that? What a chicken!!!!

[KDubRN]

KDubRN, are those the same Schiavos who backed up MS's allegations about Terri's wish?


I wish I knew.

[msmagoo]

This week, NPR is doing 5 morning programs on End-of-Life care. Diane Coleman of Not Dead Yet will lead off on Mon. Dec. 15.

From the website:
December 2003 -- A Florida court is about to resume hearings on whether state lawmakers were correct to give Gov. Jeb Bush the power to intervene in the case of Terri Schiavo, a 40-year-old woman at the center of a bitter right-to-die battle.

Another court has ruled that Schiavo, who never fully regained consciousness after a heart attack in 1990, is in a persistent vegetative state. Gov. Bush ordered that she be kept alive, after her husband won the right to remove her feeding tube.

In a week-long series for Morning Edition, NPR explores the issues surrounding decisions to end life. Reporters talk with doctors, nurses and social workers, as well as those who have made the decision for a family member -- or for themselves.

The Stories

'Not Dead Yet'
NPR's Joseph Shapiro looks at the reaction to the Schiavo case in the disability community. More and more, disability rights activists, including the founder of a group called "Not Dead Yet," feel that they are on the losing end of a battle to protect vulnerable people from euthanasia. Dec. 15, 2003

States of Being
NPR's Richard Knox examines the currently accepted medical definitions of the various states of consciousness - coma, dream-like, persistent vegetative state, and minimally conscious state. Dec. 16, 2003

French Attitudes Shifting on End-of-Life Decisions
Frank Browning reports from France on the fierce debate over determining who should make end-of-life decisions. A celebrated case of a young man with intense pain, who wanted to end his life, has touched off a firestorm in the mostly Catholic country. Dec. 18, 2003

Determining Consciousness
NPR's Jon Hamilton reports on how doctors assess states of consciousness. For decades, doctors have relied on bedside observations to determine whether a patient with a brain injury is conscious, unconscious or somewhere in between. Now, scientists are trying to use technology like PET scans and functional MRI to measure consciousness. Dec. 19, 2003

Hospice and the Death of a Child
NPR's Michelle Trudeau tells the story of a family with a Tay-Sachs child, and the decisions they had to make about their son's life. Tay-Sachs is a disease with progressive symptoms such as retardation, paralysis, blindness, and seizures, and its victims rarely live more than 3 years.

Making End-of-Life Decisions

[pickyourpoison]

I hope he's voted out, he's useless

[pc93]

Can someone find out what law McCabe is violating by refusing to investigate these crimes against Terri by saying that it is a civil matter and hence he cannot do anything when again there are blatant crimes being committed. If we can find that law then we will have the fulcrum to make him act or be removed. As we will make sure that everyone knows the laws he is breaking. Please ping this to your lists and share with anyone who might be able to help us help Terri.

[KDubRN]

Florida criminalizes abuse, neglect and exploitation of a disabled adult.

In the criminal statutes, “neglect” is defined as

1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well- being of the elderly person or disabled adult; or

2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

Fla. Stat. § 825.102(3)(a).

If the neglect results in “great bodily harm, permanent disability, or permanent disfigurement” to the disabled adult, it’s a second degree felony. If there is no such harm, it’s a third degree felony.

Fla. Stat. § 825.102(3)(b), (3)(b)

In the Schiavo case, Judge Greer has authorized the removal of her feeding tube, pursuant to the mandate from the Second DCA.

Judge Greer also denied the parents’ Petition for Immediate Therapy, requesting an attempt to help Terri learn to eat by mouth again.

Judge Greer HAS NOT entered an order forbidding provision of food and water by mouth after the removal of the tube.

In addition, Fla. Stat. § 744.3215 lists certain rights retained even after a person is adjudicated to be incapacitated. If one takes the rather broad language in 1.1 above, Schiavo’s systematic violation of those rights can also be the subject of criminal charges, as his violations have NEVER been adjudicated by the guardianship court.

[RusCD]

Update from Rus

The Governor's legal papers to be submitted tomorrow to defend "Terri's Law" includes an affidavit from me, a Flordian female with disabilities, that he requested about the value of rehabilitiation.

He has asked the Florida Department of Education to investigate my firing. The first interview for that was this morning.

There is a new Terri article I wrote in "Update" by The International Task Force on euthanasia and Assisted Suicide. The title is "All I Ever Wanted To Do...."

Articles I wrote about the logic of supporting Terri are about to come out in both the "National Right To Life News" and "The Florida Humanist Association Newsletter."

I got interviewed this morning by the "Nebraska Civic Digest."

As you can see, I'll talk to anybody about Terri. :-)

I had the honor of talking about her while visiting Birmingham, Alabama for a few days, too. Disabled Alabama minorities with disabilities REALLY get the threat to them in this.

Odd threats based on what people believe about me without checking are stepping up.

But Dr. King said that sometimes the effectiveness of your message can be measured by the mean response of your enemies. So, I don't mind.

If you hear anything that disturbs you about me, Please feel free to ask me about it.

It seems the same folks who KNEW I didn't exist and then KNEW I wasn't female are at it again.

Thank you for all your support.

Rus Cooper-Dowda

[pickyourpoison]

Welcome to Free Republic Rus

[a5478]

Ok - I can't do it all at once, but I am committed to sending every person listed on the email list a note regarding Terri. I am requesting that they speak to the media regarding Terri's rights as a disabled individual. She deserves treatment and therapy in a qualified institution and she deserves it NOW - not years down the road.

Terri is obviously not dying and does not belong in a hospice. I was amazed to see the post of swallowing her
own saliva! Go Terri.

I will also send a note to Governor Bush regarding his inquiry into Rus's situation.

[a5478]

Ok - I can't do it all at once, but I am committed to sending every person listed on the email list a note regarding Terri. I am requesting that they speak to the media regarding Terri's rights as a disabled individual. She deserves treatment and therapy in a qualified institution and she deserves it NOW - not years down the road.

Terri is obviously not dying and does not belong in a hospice. I was amazed to see the post of swallowing her
own saliva! Go Terri.

I will also send a note to Governor Bush regarding his inquiry into Rus's situation.

[phenn]

Bernie McCabe's fax number
727-464-6534.

Okay, kids. Let him have it.

;-)

[KDubRN]

McApe's office will not release this information to callers.

727-464-6534.

Enjoy. Savor. Give him the "what-for"!

[phenn]

You are cracking me up.

For those of you coming late to the cocktail party, please note:

Bernie McCabe (McApe, if you like) is the State Attorney in Pinellas County, Florida who will NOT investigate some serious stuff against Maggot Schiavo. His office will not release his fax number to the public. What-EVER!

So, here it is: 727-464-6534

Drop him a dime and ask him why he refuses to investigate these matters: http://zimp.org/berniemccabeletter.html

[Robert A Cook PE]

Thank you.

And, for Terri, thank you!