Dear Governor Bush: October 08, 2003
Thank you for your timely reply by/through/from Lauren O'Connor, who represents her/himself as "Aide to Governor Bush".
I must point out the serious fact that The Governor does not attack the alleged oral will/advance/HEARSAY/directives that the found to be Clear and Convincing Evidence of her *wishes* as he (or whomever wrote the filing) does not get the precedent [merchants agenda item] to make oral [lies] about life or death the deciding bar over a persons fate. It removes all bars to effecting another's death by "Legal Civil Murder".
These FS876.22 --.31 "subversive" Merchants of Death: (sic) Right To Die Movement and accomplices have been using Florida to create a climate of indiscriminate discriminate fleecing and TAKING of human lives at least since Attorney Felos and company's attack on our constitution with the 1989 Estelle Browning case here.
Then they managed to make/influence significant changes to legislation in 1991 and again in 1998 and 1999 to sneak into law their agenda of constitutionally protected Right to Die.
There is no room for both Right To Life and a so called right to die. These merchants idea of a right to die is one that includes the right of others to "Legally Civilly Murder" YOU or anyone else that comes up on their radar to be given death. LIFE is inalienable, and cannot be given or taken away.
Felos and company have been having difficulty with the Clear and Convincing aspect of the Will and Advance Directives arguments in courts when they try to effect death of people, take all their assets, all under the banner of it was their wishes. Death advocate and hired expert Dr. Ronald Cranford testified to these annoyances and the published changes in tactics to *allow* more deaths by effecting the non-persons *wishes* (death contracts) to be dead than alive.
A persons *wish to die* is the same as a suicide note if it is in writing. But that has not been challenged and argued yet either. And if this AD/Will/DPOA suicide note has directions that will CAUSE the persons death and require some kind of assistance to effect, then that is Assisted Suicide.
So, in order to grease the skids to EZ making other people dead, the Subversive merchants of death have in their cross-hairs the loophole of oral advance directives. If they can set the precedent which lowers the bar from written *suicide* advance directive --> to the *hearsay* "they said they did not want to live like THAT and I will *assist* them", whatever THAT may happen to be at the time.
It's simple Mr. Governor.
There is no such thing as Clear and Convincing HEARSAY oral statements of one person, orally represented by another, ESPECIALLY, when the principal is unable to speak or communicate effectively (without rehab) at the time these alleged oral LIES are brought forward. How convenient!
What WE THE PEOPLE have here, is not clear and convincing evidence that these oral (lies) took place such as to kill that person by them, but exhibits REASONABLE DOUBT that these after-the-fact HEARSAY alleged oral statements of a young woman who WAS 23 year old at the time she is purported to have made them.
I point out as well that the ONLY people who say Terri Schiavo allegedly made these now death hinging statements are:
Michael Schiavo -- husband
Joan Schiavo -- sister-in-law
Scott Schiavo -- brother
It should be noted that Michael's own mother disagreed with his alleges, and was troubled by his actions. Her death was never investigated.
A Bucks County, Pennsylvania newspaper on July 2, 1997, reported Michael's mother's death, "survived by Michael and fiancee' Jodi" Centonze. There's no mention of his WIFE Terri. Was his mother's death hastened too? Did Michael do the same in Pennsylvania as he is doing here? Was civil murder committed their as well?
FACTS:
1 Marriage rocky, divorce being considered by Terri per her girlfriend, colleagues and brother.
2 Still uninvestigated cause of Terri's injury of 1990. What happened?
3 Made a research project out of her in 1991 with experimental electrodes (still in head and possibly injuring her now) without obtaining extraordinary authority as require by FS744.3725 to effect Fs744.3215(4).
4 Stopped rehab in July 1991 at Mediplex Bradenton when Terri started speaking more and clearer words opting for long term palliative care, against the diagnosis and suggested treatment of her doctors.
5 Filed $20M malpractice suit in late 1991
6 Ended Terri's major medical insurance by making agreement for approx. 15cent on the dollar lump sum payout of the policy without prior permission or review of the court.
7 Made video of how much he cared, loved and valued his marriage vows, and all that he did for Terri and how much money it would take to care and rehab his wife, to win over the JURY.
8 Received JURY award Jan 1993 that resulted in a net guardianship fund balance of approx. $775K which remained until Nov 1998 when attorney Felos and others started hitting it hard.
9 About 3 months later in 1993 Michael refused to treat a life threatening infection; the facility treated.
He tried again several months later as was taken to court in which he testified he knew that she would die if not treated and said that he guessed because of some law he would be able to "do it" that way.
This is PERJURY . This is INSURANCE FRAUD. This admitted under oath and by deposition ATTEMPTED MURDER, even then as is still now.
10 Advance directives and orders from Michael in the direction of death to his wife started appearing in medical charts and verbally to facility staff. [FS765.1115(2) False Advance Directives 2nd Degree Felony]
11 03-05-97 -- alleged attorney Felos "initial conference with client" (who) as itemized in 4/3/00 fee petition.
12 04-14-97 -- Petition to hire attorney Felos
13 05-14-97 -- Felos officially hired by Order.
14 07-02-97 -- Pennsylvania Obituary lists survivors as Michael and fiancee Jodi. No mention of Terri, his wife.
15 05-11-98 -- Petition to Discontinue Artificial Life Support.
16 same date nor after -- Curiously no Petition to Establish the alleged "Oral Advance Directives"
17 05-11-98 to present -- lots of evidenced situations of exerting or claiming of existence of advance directives now that feels power behind his filing of petition to obtain "state-assisted CIVIL death contract".
18 From July 1991, Terri Schiavo has not received any organized and continuous rehabilitation program as evidenced in the Guardian Plans filed in Probate.
19 Question 4D of the Guardian Plan which asks, paraphrased, 'what will be done to INCREASE the capacity of the ward in the next 12 months' -- Michael hand writes "my wife is in a PVS".
20 The question in the Guardian Plan, 'what has been done in the last 12 months to increase the capacity of the ward' -- Michael writes 'my wife is PVS'.
FS744.3215(1)(c.) says the ward has the retained right "to be restored to capacity at the earliest possible time."
Even though he really or fraudulently represents this PVS state (must be unconscious by law definition) in the guardian plan, the guardian (Michael) MUST make plans that work to increase capacity and has to give an account of what of the plan was actual performed and give report of successes/failures to then modify the plan for next 12 months to net some INCREASES in Terri's capacity.
ALL of the above I have written is an obvious and telling picture of a PREMEDITATED "Guardian's Plan" to deny the ward (period) and effect his plan to keep Terri from ever telling who was in the apartment and what happened to her and "to move on with MY life" with my now revealed ex-girlfriend (when) and fiancee-with-my-two-kids Jodi Centonze of at least 9 years while screaming into the TV cameras when asked about his FS798 Open Adultery -- Michael leans forward, face directly in the camera and says "IT's my baby, and I'm proud of IT". This was during the October 2002 "Evidentiary" trial. Baby Olivia was born September 2002.
Michael appears to have been on, and is still on, a campaign to END his *wife's* life ever since that suspiciously circumstanced early morning in their apartment in January of 1990.
Conspiracy to commit murder has been in play since at least 3 months after to malpractice jury award in January 1993. The pattern that stands out when a thorough chronology is developed from the facts over the entire 13.7 years bears this out.
Executive Order. Grand Jury. Terri's State-Assisted "Legal Civil Murder". What is it going to take to STOP the heinous CRIMES against Terri, her parents, the people of Florida and now the nation, being perpetrated by Michael, his cult of attorneys, health "care" professionals and facilities, with the help of this FS876.22 -- .31 Subversive merchants of death movement (organization) and members (merchants)?
I surely hope you all up there in the capitol are getting this -- because the PUBLIC sure is!
Jeb, we are getting hundreds of thousands more emails than you are, from all over this state, the nation AND the world. If ever their was a perilous but propitious time in OUR lives to make good for all of humanity -- THAT TIME IS NOW.
GOD and Thomas Jefferson are watching!
Sincerely; legally, morally and righteously I remain,
David Kirkland
St. Petersburg, FL
(in the book)
Jeb. Can we meet, as was suggested by your office in the past? Even privately, with the Schindler's, siblings, and core Terri supporter group? We know the gears and gates that must be overcome. While we all work to fix the damage caused to our constitution and laws, YOU MUST afford Terri and all others in the same boat in this state at present with full protection and exercise of their civil and retained rights and liberties, together with their constitutional rights and freedoms, as vulnerable(FS415), disabled (ADAetc), victimized (FS825,775,798,400) and elderly persons.
Remember these are persons with personhood and not "house plants" who must meet some litmus test as to "whether or not they can bring a spoon to their own mouths" as was argued Attorney Felos in the August 2001 2nd DCA hearing. He was arguing not for Terri Schiavo but for his Merchants of Death Movement.
Felos has audio tapes and books published and for sale that profess and promote "Abundant Prosperity". Yeah, HIS of YOURS!
Felos by filed and verified spreadsheet has received now over $500,000 of Terri's "medical malpractice rehabilitation funds" in direct CONFLICT with FS744.446(4) which intends that funds dedicated be used just for the original purpose.
THIS IS FS825 Exploitation of Terri's money! And her.
Due to the obvious conflict of interest between Michael the husband and Michael the guardian, as Guardianship Law dictates but is being ignored by Judge Greer, who never took the oath and does not have to support the constitutional law, only HIS law of the case:
The petition to discontinue should have never been accepted, and/or a permanent Guardian Ad Litem or successor guardian should have been appointed on June 18, 1998, due to conflict and no will or advance directives. Non on record. They had to create them. So, that's what Judge Greer did, all in the same NON JURY trial. Created "reasonable doubt" advance directives to pave the way for creation of the FINAL right to die constitutional legislation.
In any case of a life OR death decision being made for and about another person to be made by court order, playing God, if not God's decision, no reason for it not to be, then at the very least, the decision should be made by the people, as in plural -- A JURY of TERRI's peers in open court. This must be a law that is created or one now that needs changed immediately.
The precedent is: Anyone will be able to make an oral statement that CAUSES the death of another person, with what will become by this case, the EZ application and approval stamping by the Probate Court or maybe just Clerk's to effect and cause someone "Legal Civil Murder". Since all actions remain in the "Civil" courts their will be no "Criminal" court actions necessary.
This could also result in more "criminal" murders being pleaded by the defendant as "my victim is not a victim because they had a Death Wish and were a burden and hindrance to MY best wishes of getting them out of the way so that I could enhance MY Abundant Prosperity.
What a sic path to self destruction and extinction we are headed if as you stated in your Amicus as reason to take the torch, the failure of the judiciary branch to effect a proper outcome for firstly Terri Schiavo and secondly for SOCIETY. Please do not break your first campaign promise to be THE "Champion of the Disabled".
Dear Governor Bush: October 07, 2003
Thank you for reassuring the public, whom you hold in your hands, that you are on the job protecting every citizens constitutional and statutory rights regarding hastened and CAUSED deaths of our citizens who have come to find themselves vulnerable to these merchants of death, who wear many faces, hats and clothes.
Although you did not attack the LACK of clear and convincing evidence of Terri's "wishes" you have taken step 1 to reversing the damage already done to our constitution by these seekers of death for others, but NOT themselves. Hmmm.
Step two is to take an even wider angled view of the evil subversives' strategy and in play plan, as we have, now that you have shown your desire to wield the armor for which you took oath to wear. You're sworn to protect People, your masses, have been waiting for you to take the point of the spear as we have become well informed you are to take.
We are being informed and becoming informed of the overwhelming number of laws, freedoms, civil rights, civil liberties and constitutional rights that have been and are now being violated, as in major and multiple count crimes for each and every merchant of death and coconspirator.
Michael Schiavo and conspirators use of documented false advance directives to further this obviously intended and premeditated taking of a persons life IS a 2nd Degree Felony Crime pursuant to FS765.1115 and punishable by 15 years in PRISON and double pecuniary recovery to Terri Schiavo, the VICTIM -- at the very least!
Every person who has knowingly NOT REPORTED according to FS415.1034 and can be linked as a coconspirator in facilitating this intentional death attempt should be prosecuted to the fullest extent of the law.
The DCF should be brought to bear for the decision of Regional Attorney Frank Nagatani's statement that DCF would not get involved as long as the case is in court. Why was MY 3 hour phone complaint to DCF hotline in November 2001 for abuses, neglect and criminal exploitation of Terri Schiavo, followed by a 60 day interactive APS investigation with investigator Mitch Turner, including my supplying of a 5 inch ring binder crammed with 100s of pages of supportive public documents and several supplementals at request of investigator, that resulted in a report being filed and been recognized in open court by Judge Greer to exist, stamped UNFOUNDED with RECOMMENDATIONS. In a phone conversation with me, two days after the investigation report was filed with his superiors, Mitch Turner said to me in response to my disbelief, "I know David. I have said too much now. Keep up the fight, David."
DCF filed a Motion to Quash any testimony by subpoenaed investigator Mitch Turner. In a guardianship hearing, in which testimony was sought of the investigator regarding proceedings questioning the guardians "plan of care" to restore Terri's capacity per statute FS744.3215(c.), always known to be death, based on investigator Turner's findings, a tactical manuever by Guardianship Attorney Deborah Bushnell dodged all by pulling the late and disapproved guardian plan, thus putting guardian in contempt but never charged, and resulted in no ruling on the still outstanding Motion to Quash. To this day there have been 7 extensions for filing of the 2001 guardian plan [no plan] approved by Judge Greer.
After an audience with then Chairwoman of the DCF Oversight Commission, Legislator Sandra Murman, in which she immediately saw the crimes and expressed that she would look deep into why my massively supported complaint was marked "unfounded" BUT was also marked 'with recommendations'. How can there be nothing here and at the same time BE acknowledge by IT's needing attention in the form of a list of ACTION items? Cover up!
I was told 2 weeks after that meeting that Murman and staff would not be able to talk about anything with me, or to give progress reports, if such a thing even existed, due to a confidentiality agreement that Legislator Murman was asked to sign related to my inquiry. More cover-up.
Please bring full pressure on the DCF to "do their jobs and constitutionally sworn duties" to insure that EVERY aspect of the Legislatures intention as in Florida Statute Title XXX Social Welfare, Chapter 415 Adult Protective Services, s.415.101 paragraphs (1) and (2) which make by CLEAR and CONVINCING language the intent and mission by all means of the Adult Protective Services Act.
Incidentally, Frank Nagatani, DCF Regional Attorney is listed in Judge Greer's 1998 campaign expenditures as a recipient of a campaign contribution partial refund but is not listed anywhere in the counties and states election records or reports by his campaign as being a contributor.
Also, Judge Greer did not qualify to be on the 1998 ballot because he did not "qualify" in the statutorily prescribed 5 day period. Nor did he file his FS876.05 Oath to the laws and constitution according to it's nonexistence according to the records of where it should have been filed. Pursuant to FS876.05 (2) he has never qualified to receive compensation by his employer. Further, the county is required on behalf of the People to judicially seek the recovery of all the statutorially prohibited compensation he has already mistakenly, even criminally, received.
The county will be PUBLICLY encouraged to seek recovery of unauthorized wages that this unauthorized, unqualified, and tresspassing Judge has been receiving and actions to facilitate his immediate resignation and delisting him from the payroll records and his disqualification from and prohibition from non-entitled employment related benefits resulting from his unauthorized employment. This would figure to be upwards of $600,000 based on reverse calculation of the 4 percent campaign fee he paid of the expected wages of the elected positon sought.
It's obvious that Judge Greer is but one of the many players in a game that has jeopardized and harmed the life of one of this state's citizens and should be stripped of ever being a Judge, Attorney or any other position of Public Trust -- as the law provides the Governor the authority to do. Not just a level 4 verbal and public reprimanded.
As stated earlier, Step two is to take an even wider angled view of the evil subversives' strategy and in play plan, as we have, now that you have shown your desire to wield the armor for which you took oath to wear. You're sworn to protect People, your masses, have been waiting for you to take the point of the spear as we have become well informed you are to take.
You can do this by:
1) Taking judicial action,
as is your sworn duty in Article IV Executive, Section 1. Governor, "(b) The
governor may initiate judicial proceedings in the name of the state
against any executive or administrative state, county or municipal officer
to enforce compliance with any duty or restrain any unauthorized act."
by:
A) Filing with the Supreme Court and or the Legislature a Motion for a STAY on all currently in play judicial proceedings having anything to do with the discontinuance of Life or having a resulting expectation of death. The people involved should by executive order maybe, be ordered to deliver and insure ALL rights and retained rights of those involved are afforded.
B) Filing a Motion in the appropriate venue to effect a Moratorium on the entire judicial branches ability to receive and open a case in which the petitioning of the discontinuance of life support or facilitation of intentional dehydration/starvation is desired by anyone.
C) Establish a commission that is at least 2/3 comprised of the public and includes members of the Terri Schiavo supporters main group to have fact finding powers and give a report to the Governor and Legislature on the extent of the merchants of death's subversive methods as is unlawful pursuant to FS 876.22 through FS 876.31. To give recommendation of the legislation needed to repair, fix and provide future constitutional protection of every citizens Right To Life. The President and the Popes Culture of Life Initiative in essence.
D) Initiate a criminal investigation into what happened to Terri Schiavo and bring charges and full prosecution of all the principal perpetrators and accomplices as a societal message to all those who are approached or succumb to the unlawful merchants of death. Any investigation should encompass the entire history of events from before her injury incident in 1990 through the present which continues daily as THE atrocity of humanity. Many involved in the fight to do what the state is required to do, protect its people from abuse, neglect and exploitation -- the "legal civil murder" as will become the precedent -- have uncovered 1000s of evidentiary details that will be of great assistance to fixing the damage and repairing with greater shielding, the Right To Life, by writing out the methods that have become the Death Merchants tools and pathways to TAKING the Lives and Assets of this State's vulnerable.
2) Taking Legislative initiative,
based on your own knowledge, findings and the recommendations of the
Terri Act Commission to walk from first reading to enactment into law by
your signing, all changes to law, practice and procedure, administrative
code, regulations, et al, that become necessary to save our state from
self extinction.
It takes 9 months and 1 day to effect life. It takes but one second to
end or take life. At this rate of CAUSED death, we will be extinct in
fewer than more years.
3) Rally behind and take the lead on the Terri Supporters
amendment initiative for "The Inalienable Rights Act"
amendment on the next presidential and state elections ballot.
This amendment is the backbone that the current constitution needs to prohibit as
criminal activity all efforts to CAUSE death in the CIVIL arena.
Contact me directly or through arranged audience via Robert Schindler, Terri's father.
Sincerely and with duty,
David Kirkland
St. Petersburg, Florida
(in the book)
PROPOSED FLORIDA and U.S. CONSTITUTIONAL AMENDMENT No. _____
"The Inalienable Rights Act"
Section One -- "An Inalienable Right is particularly described as "that which cannot be given or taken away."
Section Two -- "Sustenance is particularly defined as food or nutrition and received within a person by any means of delivery. Hydration is particularly defined as water and or life permitting fluids received within a person by any means of delivery. Life Permitting Breathable Air is particularly defined as Air that permits life and does not harm it and received by way of the persons own breathing and can only be augmented by external augmentation such that this augmentation does not cause certain death."
Section Three -- "Whereas the founders of this country in creating the United States Constitution, possessed the foresight to see that in order for there to be any other rights for its people, for there to be the right to self determination, that they should declare in perpetuity, for all time, that there are three basic rights to which all of this country's citizens shall possess and for which this country shall always protect, those being the right to Life, Liberty and the Pursuit of Happiness. The founding fathers, having the forethought to know that there would always be forces that will try to abridge, give or take away any one or all of these rights, further declared that these three rights, Life, Liberty and the Pursuit of Happiness are Inalienable Rights."
Section Four -- "In order to protect that which is the most important of the three inalienable rights, LIFE, for which without Life there can be no Liberty and earthly Happiness, We The People, in order for LIFE to be more fully protected, herein declare that Sustenance (food, nutrition) , Hydration (water, fluids) and Life Permitting Breathable Air shall forever and always be part in part to LIFE and considered to be an inalienable part to all of our peoples RIGHT TO LIFE."
Section Five -- "The executive, judicial and legislative branches of these United States shall ensure the protection of these inalienable rights of its citizens by all means such that no executive orders, judicial orders, or congressional legislation shall be created to allow the certain death of any person by dehydration, starvation, assisted suicide, euthanasia, or mercy killing through the denial, withdrawal, withholding, or over-providing of sustenance, hydration and life permitting breathable air."
Section Six -- "The executive, judicial, and legislative branches of every state shall ensure the protection of these inalienable rights of its citizens by all means such that no State shall have the right to create executive orders, judicial orders, or legislation to allow the certain death of any person by dehydration, starvation, assisted suicide, euthanasia, or mercy killing through the denial, withdrawal, withholding, or over-providing of sustenance, hydration and life permitting breathable air."
Section Seven -- "The judicial branch of every state shall provide through its criminal and civil courts the means to prosecute any person, persons or entity by fines and imprisonment of not less than 30 years imprisonment and pecuniary recovery of the loss to the victims in cases of the attempted death of any person by dehydration, starvation, assisted suicide, euthanasia, or mercy killing through the denial, withdrawal, withholding, or over-providing of sustenance, hydration and life permitting breathable air."
Section Eight -- "At the time of enactment of this Amendment, all governmental entities within these United States having legislation that permits the attempted death or death of any person by dehydration, starvation, assisted suicide, euthanasia, or mercy killing through the denial, withdrawal, withholding, or over-providing of sustenance, hydration and life permitting breathable air shall be required to remove any and all such laws from there statutes and state constitutions. They shall further be required to remove all policies, procedures, rules and regulations that are rendered illegal and unconstitutional by the enactment of this Amendment."
Section Nine -- "The death of any person by dehydration, starvation, assisted suicide, euthanasia, or mercy killing through the denial, withdrawal, withholding, or over-providing of sustenance, hydration and life permitting breathable air at the hands of another person, persons or entity is considered a capital crime and punishable by no less than life imprisonment, a fine and pecuniary recovery."
Section Ten -- "The enactment of this Amendment hereby constitutes its incorporation into the entire Constitution of these United States of America.
Presented by: Mail your comments, address, e-mail address to the following for information on how you can make a difference, or to further this amendment initiative, to:
FOTABA-2002(c) "Friends of Terri For A Better America"
P.O. Box 1788
Pinellas Park, Florida 33780-1788