Terri's Fight - (Daily Thread/Updates)

From: Fight4terri08

Gov. Jeb Bush's Press Release

FOR IMMEDIATE RELEASE:
WEDNESDAY, DECEMBER 10, 2003

Statement By:
GOVERNOR JEB BUSH
Ruling from Second District Court of Appeal

"My legal team is still reviewing the order issued by the Second District Court of Appeal today. It appears the court has determined that prejudging a case before evidence is presented is acceptable in Florida, which is the same error made by the trial court.

"In our criminal courts, defendants are presumed innocent until proven guilty. When evaluating constitutional challenges, the law is presumed constitutional until proven otherwise. In this case, however, the actions of the trial and appellate judges make it clear they presume just the opposite, that the law passed by elected lawmakers must be proven constitutional.

"A judge who demonstrated his or her presumption that a defendant was guilty until proven otherwise would be disqualified from ruling in that case. We believe the same principle holds true in constitutional challenges, regardless of issues involved.

"The implications of this case reach beyond the life and death of the young woman in this heart wrenching tragedy. The law ensures Floridians who cannot speak for themselves will have an independent, neutral representative to advocate for their interests and wishes. If we abandon the law, we accept a dangerous precedent with the power to erode the rights of self-determination of people with disabilities."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"In our criminal courts, defendants are presumed innocent until proven guilty. When evaluating constitutional challenges, the law is presumed constitutional until proven otherwise."

This second paragraph is absolute fact. How the DCA could have "missed" the GLARING EVIDENCE, that Baird STATED and WROTE that "Terri's Law is UNCONSTITUTIONAL" before Bush ever submitted ONE legal document, is beyond me!

Baird's big mistake was not hearing Bush's arguments before making that pronouncement. He totally bought into Felo's "right to privacy" argument without hearing the other side. The right to privacy is constitionally protected, but not in all cases. Bush believes that when someone's life is at stake, the evidence and the facts must meet a standard that leaves no question of consent or intent. Baird decided that the right to privacy is so strong, it allows murder based on conflicting hearsay, apparently.

But it's much more than just that. In Florida (perhaps other states as well), there is the presumption, written in their laws/constitution, that when the Legislative Branch makes a new law, it is ALWAYS PRESUMED CONSTITUTIONAL, on its face, until PROVEN OTHERWISE. It is up to the one declaring the new law unconstitutional to PROVE their case. The "Burden of Proof" rests upon the attacker of the law.
This is why Bush brought up the "innocent until proven guilty" scenario....it is up to the prosecutor, after a FAIR and IMPARTIAL hearing/trial, to PROVE that the accused is GUILTY, as charged. If the prosecutors, who "attack" the individuals cannot PROVE THEIR CASE to a JURY, beyond a reasonable doubt, the accused CANNOT be convicted as charged.

The above comments are from a legal eagle, which were asked of JEB's press release, which is at the top of this mail.

Hope this gives y'all an idea of what the GOV is doing, what the judges are ignoring, and where we stand from a legal perspective on the Constitutionality issue.

Please write to Florida's legislators and make our voices heard!
Ping others to this post for email action, please!

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 District Court of Appeal.

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.

I will be emailing to point out the law pertaining to disabled adults and ask that others email Florida's legislators too. There is no good reason on earth MS has been able to abuse and neglect Terri's basic human rights for years, whether she has a feeding tube or not. Until the order to withdraw the feeding tube, his attempts to let her die from infection (sepsis) should have resulted in criminal charges. Enough is enough!

What message would you like to send them? Is there an existing one that you liked in particular?

oh i didn't see post 183.

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

I believe that George W. Greer (I refuse to call him "judge.") has said that Terri cannot be fed by mouth once the feeding tube is removed. Greer said that she cannot swallow and that such feeding would "cause her death." There is so much hypocrisy in this case that only the liberal wing of the FL GOP could buy it!

Send them comments on whatever you feel strongly about, whether it's King's refusal to introduce Byrd and Wise's bill to the Senate floor, in order to "protect his legacy" or send thank-yous to Reps. Frank Attkisson, R-Kissimmee, and John Stargel, R-Lakeland.

Or the copy the FL statutes pertaining to Abuse and Neglect of a Disabled Adult, and send to Bernie McCabe asking for some answers - why hasn't a criminal ivestigation been opened? Why have no charges against MS ever been filed? This information is in the court records and depositions, in MS's own words, admitting in so many words to the criminally negligent, abusive behavior. Why do the laws on the books not apply to Terri? There are documented examples of these violations of law.

There are many issues all converging at once, now that the Hemlock Society is launching their national media campaign.
We must mount our own campaign against their agenda.

Why is Terri now being prevented from having anything touch her lips? Once the feeding tube was restored, wouldn't any order to withold food or water by mouth expire?

Until she is tested again to see if rehabilitation would be helpful in aiding her to swallow food and drink by mouth, should it be assumed she cannot swallow? The only order preventing anything from touching her lips is from MS. HE doesn't want to let her try to eat or drink anything.

all sorts of rehab should be allowed tetri as she has been denied that under her retained rights. if she cannot swallow it shouldn't have anything to do with whether or not she lives or dies. g-tubes are common for millions upon millions of people. as a disabled person terri has retained rights to receive all kinds of rehabilitation, to be brought to full capacity at the soonest possible time and not to be neglected. she is currently being neglected and michaels needs to be removed as guardian because of it. but i'm sure you already know that.

Yes, Michael R. Schiavo, a popular Pinellas Co., emergency room nurse, has said no food or water to the lips of Terri. But he does so with the legal backing of George W. Greer, apparently a popular civil court judge there who is himself disabled.

hi, folks! Just catching up....hope everyone is well. Terri is still strong, yes? What is the latest word?
Some of the old trolls are back....watch for key words like 'bible thumpers'.

http://www.lessgovernment.com/schiavo.html

Actions:

Say Folks---
I will say we need to do this until I am Blue in the face!
You really want to press an issue for Terri?
Send this statute to Bernie McCabe and demand a RESPONSE in writing why he blantantly disregards this statute?
Pound his office with a copy of the statute and ask ONE question....WHY does he NOT oblige the LAW?

BMcCabe@co.Pinellas.Fl.us

Then send the statute to every news media you can think of and ask them to find out for us WHY Bernie McCabe supports Michael Schiavo's actions in the NEGLECT and ABUSE of the disabled in accordance to Florida's own statute. Is he an accomplice to this felony?? Are they discriminationg against the disabled?
When you receive your responses, please mail them to
Pat at:
Patricia Fields Anderson, P.A. Attorney at Law
447 Third Avenue North * Suite 405 *
St. Petersburg, FL 33701

Thanks,
Cheryl

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.

The PDF flyer someone made about McCabe was excellent, by the way.

If you feel like taking a quick break and
hopping over to USA today for a little
poll tweaking, here is the URL and current
results:

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

12/15/2003 - Updated 0-2:27:20 AM ET

Quick question results

Was it right for the judge to allow Terri Schiavo's feeding tube be removed?

No: 54.67%

Yes: 45.33%

Total Votes:12392

© Copyright 2003 USA TODAY, a division of Gannett Co. Inc.

Remember the Insurance company Jerger-Centonze Insurance Company?

Well, it seems that the "Jerger" part of that company has a finance company and a mobile homeowners insurance agency. If anyone has access to Pinnellas county court records, they can obtain with this info. I came across a court document with the following on it:

From: SUN BK TPA BAY

To: JERGER RICHARD M JR; JERGER DEAN W; JERGER SONS INC; MHIA PREMIUM FIN CO; JERGER CO INC; JERGER THOMAS J; MOBILE HOMEOWNERS INS AGCY

Date: 10/20/93

Document type: Unknown

Instrument # : BP00000084421994

Book/Page: 8442/1994

Pages: 7

Jodi Centonze has also been listed in suits:

Suntrust Bank sued Jodi Centonze on 3/11/03 unknown type of document Instrument # 0000000003094689 Book/Page #12589/2095 # of

Nicmarlo, some of you sleuths, can you find anything on this stat?

From Karen K...To Cheryl F,
An avid Supporter of Terri asks Cheryl 2 questions:

Can she CONSISTENTLY swallow WITH no choking at all for an extended period of time?

First off Karen, I cannot respond to your question as to whether she can consistently do anything, nevertheless swallow.. because I have never personally seen Terri, Nor, have I ever had the opportunity to do a nursing physical assessment on her.

However, I can tell you this.
I asked her Dad last week if she was in need of suctioning because of inability to handle her own secretions and he replied, "No!"

I will also refer you to a couple of affidavits.
One by Heidi Law and one by Dr. Haffesfahr.

If you refer back to the affidavit signed by CNA Heidi Law on 8/30/2003, Heidi states on page 3 (paragraph 10) that in 1997 when she cared for Terri she would give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. Heidi stated,
that she personally saw Terri swallow the ice water and never saw her gag. Heidi also states in her affidavit that she and another aid by the name of Olga frequently put orange juice or apple juice in her washcloth to give her something nice to taste. Heidi states that
she personally fed Terri small mouthfuls of jello, which she was able to swallow and enjoyed immensely.

On September 12th, 2002...Dr. Hammesfahr states in his affidavit that in spring of 2000, three physicians, including Dr. Jay Carpenter, who is former Chief of Medicine at Morton Plant Hospital, filed affidavits after observing Ms. Schiavo. All three physicians stated that it was visually apparent that Terri was able to swallow and in fact, swallowed her own saliva.

Dr. Hammesfahr on September 3, 2002 spent from 11 AM until
4 PM examining Terri and then returned the following day to observe Dr Maxfield do his exam and complete other portions of the exam himself.
Dr. Haffesfahr reports on page 11 of 14 in his affidavit after extensive neurological exam under
Impression:
The patient is not in a coma.
She is alert and responsive to her environment.
She responds to specific people.
She tries to please others by doing activities for which she gets verbal praise.
She responds negatively to poor tone of voice.
She responds to music.
She differentiates sounds from voices.
She differentiates specific people's voices from others.
She differentiates music from stray sound.
She attempts to verbalize.
She has voluntary control over multiple extremities.
SHE CAN SWALLOW!
She is partially blind.
She is probably aphasic and has a degree of receptive aphasia.
She can feel PAIN!

On the last point, he notes..."it is interesting to observe that the records from Hospice show frequent medication administered for pain by staff!
* So there you have it!

Now one has to wonder...
1. If she is in a PVS (a vegetable as Michael likes to portray) then why is he allowing Terri "pain" medication? Hmmmm!
A. Is it because Terri really has "pain" and is not a wasted vegetable as he claims?
B. Or, is he using the pain medication to make her appear like she is a zombied vegetable for some reason?
C. Or, is he attempting to do a slow narcotic overdose?

Let's see....between my Paramedic training and my nursing degree, I spent a total of 7 years in school studying medicine alone.

I was taught that as a Nurse, if a patient is in pain... you administered "pain" medication only to those who exhibited pain either audibly or by body language/facial gestures.

I often wonder if I slept through a class where the nursing professor told us it was okay to randomly administer pain medication to those who were sound asleep or were indeed in a PVS truly demonstrating no ability to react to painful stimuli!??
Hmmmmmmmmmmmmm!

One also has to wonder just how many nurses have been and are in conflict and violations with regard to what they are charting? How are they explaining administering Terri pain medication when she SUPPOSEDLY is reported as a VEGETABLE with no ability to feel pain?

HHmmmmmm Again!

I also wonder how they have made a nursing care plan (something all patient's by law must have) and what they are writing in their progress notes to support the administration of pain medication?

Let's STOP and think about this for a moment.

S.O.A.P charting is standardize Nursing charting....and in some cases we do a narrative charting. In either case....what we chart about a patient has to be substantiated by how we as nurses carry out a nursing action.

So let's take for an example the S.O.A. P charting I mentioned above. Assuming Terri is a VEGETABLE as Michael states she is;
what are her nurses charting in her progress notes and medication log?

S= Subjective O= Observation A= Assessment P= Plan

S= No charting would be here if Terri is like Michael states because there would be supposedly no sound or verbal of any kind coming from Terri.
O= Patient non-responsive, pupils non reactive to light/ pt. not alert to person place or time..lying in bed eyes closed, mouth open, no movement, no response to painful stimuli.
A = Patient noted in persistent vegetative state
P = Administering pain medication per doctors orders.

Do you see the blatant conflict in this nursing PLAN of Care and Action?

Okay...on to the next question...
Sorry to get off track and elaborate about what this case appears like to a Registered Nurse! Not to mention how angry it can make one feel knowing all the medical discrepancies there has to be!

Next Question"
Do you feel she is likely to PASS swallow test?
In answer to your second question, I am going to first refer you to a link that will define for all of you what a swallow evaluation is...why it is done, and what we do with the outcome after a patient has one.

Swallowing Disorders, Dysphagia, Sw allowing Disorders Center,Rusk Institute of Rehabilitation Medicine, NYC

Please note that when you are perusing the site...there is
NO Pass/Fail per say in a swallow evaluation.
It is simply a diagnostic tool used to evaluate either fluoroscopically, or without. The type of diet a patient is safely capable of ingesting. And there are several types of diet to treat dysphagic patient's depending upon their ability.

Periodic swallow evaluations need to be done and are done on patient's like Terri in an effort to advance their diets according to their ability to safely swallow.

Sadly, Michael Schiavo of course has not allowed Terri the medical technology that we have available to help people like her. Consequently, Terri never has been given the opportunity to determine if she can safely swallow food, be it 5 years ago, today, tomorrow, or 6 months from now.
His mission is so obvious to even the ignorant...to KILL her and cremate any remains.

And one then has to wonder just what part of this entire CLEAR medical picture is so complex and difficult for supposedly educated men like Wolfson, McCabe, Greer, and Felos to comprehend?

Scarey ....isn't it? Especially knowing there are thousands of USF (University of South Florida) students under the tutelage of Professor Wolfson ! Yikes!

Cheryl F.

Something strange....typed in the name Baird to see what properties the good old judge owned and instead of the name and property address...all kinds of different properties showed up. Link is at bottom.

G. Barry Wilkinson owns property at:

7598 115 ST N - (UNIT 1) VALUE: 114,400 (Also has Gregory T. Wilkinson on title)

256 145 ST AVE - VALUE: 289,500

6427 93RD TERR N - (CONDO) VALUE: 95,400

Jodi/Michael's home - 2807 MARRIE CT - VALUE - 240,300 - built in 1987 and sold for $60,000 - sold again in 1989 for 175,000 - resold in 1995 for 165,000 and bought by Michael and Jodi in 1999 for 205,000

Richard Jerger, Jr. properties:
7693 9TH AVE S - VALUE - 424,300 - S CAUSEWAY ISLE YACHT CLUB ADDITION

Property listed under Richard Jerger
43 Do;phin Dr - TREASURE ISLAND AREA - VALUE - 484,800

Property listed under Richard Jerger III
7084 AUGUST BLVD - VALUE: 229,300 - SEMINOLD LAKE GOLF CLUB AND COUNTRY CLUB ESTATES

GREER, GEORGE E. - 9945 47TH AVE N - CONDO - VALUE- 49,600
GREER, BETTY J.

The only Schiavo's showing property in Pinnellas County are:
SCHIAVO, BART & SCHIAVO, JOANN - 1390 OAKHILL DR - LAKE TIFFANY CONDO - OWNERS ADD. - 86 CEDARPOINT DR., WEST ISLIP, NY - VALUE: 78,100 PURCHASED 10/1/99

SCHIAVO, BART & SCHIAVO, JUDY - 1505 OAKHILL DR - LAKE TIFFANY CONDO - OWNERS ADD. - 1 THADEUS LANE - WEST ISLIP, NY VALUE: 84,500 PURCHASE 3/88

SCHIAVO, KIMBERLY J - 357 VENTURA DR BAY ARBOR UNIT 1OLDSMAR, FLA - VALUE:203,600

SCHIAVO, JOSEPH; MADEIRA BEACH YACHT CLUB - PROP. ADDRESS: 201 MEDALLION BLVD UNIT F- MADEIRA BEACH YACHT CLUB - OWNERS ADD: 99 DEERPATH DR. EGG HARBOR, NJ VALUE: 109,900

SCHIAVO, MARIAN & MEYERS, LANNY; 1400 COUNTRY TRAILS DR; VALUE: 240,600

Here is the link: http://pao.co.pinellas.fl.us/search3x.html

More super sleuthing requested here

HA! Oh, my.

Hahahaaa That reminds me of the one where 'Michael Schiavo slips into a carnivorative state', lol.

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

Nursie Cheryl, welcome to FReeperville!