Gordon Watts sues Pinellas Park Police Dept. over Terri Schindler Schiavo matter:
From:
Gww1210@aol.com Date: 11 Dec 05:56 (PST)
To:
BMcCabe@co.Pinellas.Fl.us Cc:
BernieMcCabe@fdle.state.fl.us, pc93@Enlightenment-Engine.Net, GordonWWatts@aol.com, Gww12102002@Yahoo.com, Inspector.General@usdoj.Gov Subject: State Atty Bernie McCabe: correction
Mr. McCabe:
I apologize, but, in my lawsuit, referenced below, I omit any mention of Florida Statutes: (emphasis added) -let me make a correction:
744.3215 Rights of persons determined incapacitated: (i) To receive necessary services and rehabilitation. [comments: the courts have violated this, but this is probably a judicial matter outside your purview]
415.104: (1) The department SHALL, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation [comments: This matter is within your purview -obligation for its fulfillment rests on your shoulders]
Also, these observations may be useful to you in fulfilling your responsibility: Your lack of action so far, Mr. McCabe, has resulted in two ongoing misconceptions by the general public:
MYTH #1: What happened to Terri Schiavo (for whom I'm filing a "next friend" lawsuit) is legal.
MYTH #2: The Courts ordered this.
FACT #1: Removal of feeding tubes was marginally legal (assuming a correct finding of fact that Schiavo would want so, but that is disputed.) -But, removal of "regular" food and water is, as we point out in our four (4) lawsuits in three courts, referenced below, a violation of mercy killing/euthanasia and assisted suicide laws, and possibly attempted felony murder. (Fla. Stats. 765.309 (1), as defined by 765.101; 782.08; 782.051).
FACT #2: The courts, to my knowledge, have wisely not ordered the withholding of "regular" food and water.
FACT #3: Some members of Pinellas Park City Dept have apparently visited the web site below (we've tracked visitors) and seen the online-posted court briefs, but you should verify these claims by obtaining official court records. That is good, because, if they are to act, they must understand the proper solution to the ongoing problems posed by this dilemma.
Attorney McCabe, I can sympathize with you in your plight of this high-profile case, but your obligation is quite clear, no different than any other case, in which someone is attempting a mercy-killing (such as the Fla. rock band "Hell on Earth" or the well-known Dr. Jack Kevorkian -or, even in which they attempt to enact a mercy-killing of a child or elderly parent).
Lastly, I would like to apologize for not "getting my act together" and sending you these materials, all at one to both your known emails, but it was an oversight on my part. While many other issues are important, this should cover the major weak areas that need attention, now.
Gordon W. Watts
Subj: Mr. McCabe: Our Pinellas Pk Police Dept Lawsuit - DATE: Tuesday, 09 December 200
Date: 12/11/03 7:53:30 AM Eastern Standard Time
From: Gww1210
To:
berniemccabe@fdle.state.fl.us Pinellas Cty St Atty, Bernie McCabe -I didn't have your FDLE email address earlier, but here is your Cc. -regards gw
To: City of Pinellas Park Police Department: (Subj: Our Pinellas Pk Police Dept Lawsuit - DATE: Tuesday, 09 December 2003)
Cc: (Pinellas Cty St Atty, Bernie McCabe; City Manager: Michael Gustafson; Mayor: Bill Mischler; Councilman: Ed Taylor, III; Councilman: Rick Butler; Vice-Mayor:Sandra Bradbury; Councilwoman: Patricia Bailey-Snook; Executive Director Of Investigations Jamie McLaughlin, FDLE; Director of FDLE Commissioner Guy Tunnell; Everett Rice, Pinellas County Sheriff; Fla Atty Gen Charlie Crist; Gov Jeb Bush; Lt Gov Toni Jennings; File copies; Copies to Terri Schindler-Schiavo Foundation, Spokespersons, Megan Dillon and Pamela Hennessy)
Seasons Greetings to you at Pinellas Park Police Department:
I am sad to inform you, but it is my duty: On behalf of enforcing current Florida law, including, but not limited to chapter 765.309 and 782.051, I, as a Florida citizen, am compelled to sue you, and am now doing so in three (3) different venues (courts). According to my records, Priseilla Hallas, of the City of Pinellas Park Police Department signed for my Certified mail on 12-4-2003, this past Thursday, the 4th, in which I served you your copies of the various lawsuits filed against your department. * Copies of the briefs, which I have filed, are available at the various courts (6th Circuit in Pinellas Cty,
2nd Appellate DCA, here in Lakeland, and Fla Supreme Court) -for a fee -and free copies are available online at:
http://HomeTown.AOL.com/Gww1210 or
http://www.GeoCities.com/Gordon_Watts32313 While I'm sure that you have heard a lot about the "Terri Schiavo case," and I'm sure that you're about tired of it, please let me underscore one important point: When other people are threatened with starvation, at the hands of their parents, children, or strangers, your department rushes in and arrests the perpetrator. Why should you treat Terri Schiavo any different? ** While I do not speak for the family in any capacity, official of otherwise, I note the a State Law was broken and your Dept refused to enforce it, which gives me legal standing to file a mandamus action, among other things -And, with all due respect to the many other hard-working and intelligent lawyers who've jumped into the fray, I'm the only one who's filed any petitions for Habeas or Quo Warranto. However, please understand that if "something happens to me," others, who have seen my pleadings -either online or have been served copies -will continue this legal challenge. (Please note also: While the sheriff’s dept technically has jurisdiction too, I am not suing to compel them to do their "ministerial duties," as they have "secondary" jurisdiction behind your dept. Should we amend our suits to include them?)
So, in conclusion, I would respectfully point out that, if you don't want to go through this, simply do your job: There is already enough evidence to arrest individuals for a violation of the statutes I cite above, and, when the band "Hell on Earth" attempted an on-stage mercy killing -and when Dr. Jack Kevorkian considered plying his trade here, your varied agencies quickly threatened to arrest and charge them with these crimes: The Courts only ordered a feeding tube removed -not "regular" food and water, and even had they done so, those who attempted a mercy killing (or possible homicide, if it is discovered Ms Schiavo did not want removal of her feeding tubes), would be chargeable. ** In fact, should some outsider come into Terri's room and attempt to deny her "regular" food and water, would they not get arrested? So, then, why not arrest and charge her estranged husband, Michael Schiavo and his co-workers, other nurses: "Are they above the law?" ~~~ "Are your officers above the law?"
SEASONS GREETINGS
Therefore, you are at liberty to do as you please, but if you want to ruin your holiday season -and spend a lot of tax dollar$, then let me drag you through the courts -I have nothing better to do. ** But, I would respectfully ask you that you would heed my words: I love every one of you, and don't want to see any harm come to you over the grief that my lawsuits would cause, and don't worry about the potential defendants, Michael Schiavo, et al.: They will be just fine under God's watchful eye. The Generalized Press Release dealing with this matter is posted online at:
http://www.geocities.com/Gordon_Watts32313/SchiavoPressRelease.html or
http://hometown.aol.com/Gww1210/myhomepage/SchiavoPressRelease.html Arrest, Charge, and Prosecute: Just, let's try to do our job and do these, alright? If so, then good, and if it doesn't work out, then we can go back to the way it was. Just make your best attempt, as all I ask.
PS: Please do not respond to this email address -I only use it for sending official email as it reflects my true name: Only Use the one posed on my press releases per above.
Regards,
Gordon Wayne Watts
Gordon W. Watts
821 Alicia Road
Lakeland, FL 33801-2113
I'll sure be interested to see how that turns out.
Sent in email, please share:
Attention: HHS - Office for Civil Rights - HIPPA
Question:
Does the HIPAA Privacy Rule or State law control who can act on the behalf of another person? Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individual's protected health information?
Answer: Generally, no.
The Rule defers to State and other laws that address the fitness of a person to act on an individual's behalf.
However, a covered entity does not have to treat a personal representative as the individual when it reasonably believes, in the exercise of professional judgment, the individual is subject to domestic violence, abuse or neglect by the personal representative, or doing so would otherwise endanger the individual.
Dear Sir or Madam:
Re: Schiavo -- the Best Interests of the Patient
An impartial investigation in the Schiavo case is sorely needed to determine whether or not the best interests of the Patient (Terri Schindler Schiavo) in the Schiavo case is being improperly handled. The reasons for this are numerous. But most disturbing (and urgent), at this time, is the highly suspect irregularities evident with respect to the erratic behavior of her estranged husband Michael Schiavo.
There are many reasons to believe that (the Patient's) best interests are indeed not being properly discharged under the guardianship of Michael Schiavo (her estranged husband). And if not, then it is of paramount importance to immediately implement, and follow through with, a thorough investigation respecting the safety and protections outlined in Patient's Rights and Privacy issues.
There are reasons (and examples) to, not only justify, demand such an impartial investigation. The zeal with which Michael Schiavo has sought to have his wife 'put down', as soon as possible, without even affording her the slightest opportunity to receive any therapy, or even simple humane medical care (such as treating a life-threatening infection).
In anticipating her death (once he succeeded in having her feeding tube removed from her), he suddenly demanded that her body be immediately cremated. He further demanded that her parents (and siblings) not be allowed to see (not even to say goodbye to) her.
Ever since he became the sole beneficiary to his wife's medical account, for which he repeatedly lied to (and duped) a jury to obtain, Michael Schiavo has repeatedly fought to have his wife's feeding tube removed so (in his own words) he "could get on with [his] life". Medical personnel have testified that he would frequently call up to inquire: "is the bitch dead yet?"; and "when is that bitch gonna die?"
There is also testimony that, when Terri had taken a turn for the worse, he rejoiced and exulted: "I'm gonna be rich!"; and he would brag about what he was going to purchase with the money he would inherit as a result of Terri's death.
There is also documented evidence that Terri had numerous (bone) breaks and fractures (some in the process of healing) that suggested trauma (that could be a result of abuse). There were also indications that she had been strangled, and that that may have been a contributing factor (in the loss of oxygen to her brain) that was the cause of her brain damage. Michael saw to it that no one (especially not her family who cares for and loves her) would have access to her medical records, in order to determine what could have caused such a young healthy woman's heart to suddenly stop.
Michael had girlfriends, while married to Terri, and is presently living with his latest girlfriend (with whom he has sired two children). He repeatedly lied to (and duped) a jury, in order to obtain a special fund for Terri's medical and physical therapy. He swore, under oath that he was planning to use the money to "take care of" his beloved wife for the rest of her life, if necessary. The jury believed him and awarded Terri (not Michael) over $1-million (for the specific purpose of caring for her medical and therapeutic expenses).
However, as soon as the hefty award was placed in Terri's medical account, he then changed, from the 'loving' husband who wanted his wife to get well, to one who demanded that no therapy (or even the slightest medical treatment or humane care) be given to Terri. He also instituted a "DNR" order. He was now the sole beneficiary of Terri's medical account, and instead of using it for her benefit, he spent a substantial amount of it on legal fees trying to end his wife's life.
And, although he never mentioned it in all the opportunities he had to do so, during court proceedings, yet (years later), he 'suddenly' remembered that his wife had specifically expressed her wishes to him, that, if she were ever to have to be fed through a feeding tube, she would want it removed.
No question about it: it's time for a thorough (criminal) investigation into whether or not Michael Schiavo needs to be immediately removed as guardian for Terri; and replaced by a member of her family (who will look out for her best interests).
Until there is a thorough (and impartial) investigation into the question of the "fitness" of Michael "to act on" Terri's "behalf", I strongly urge HIPAA to take immediate precautions to protect the life and well-being of Terri. Thank you for your cooperation.
(name removed for web posting by msmagoo)
