State Attorney Bernie McCabe has refused to investigate charges of physical abuse against a disabled Pinellas County woman - even though a bone scan indicated trauma. Mr. McCabe has refused to investigate well-founded allegations of abuse, neglect and exploitation against the same disabled woman - even though such offenses are felony crimes under Florida law.
In Pinellas County, Florida a woman by the name of Terri Schiavo may have endured physical abuse and neglect at the hands of her guardian and caretakers. These are serious crimes against a vulnerable person and call for immediate and thorough investigation. However, Mr. McCabe has shut down Florida Law Enforcement from doing so.
Will Mr. McCabe commit the same type of cover-up if your loved one is a possible victim? Act now by contacting Mr. McCabe and demanding that he do the job he was elected to do. It is his duty to all Pinellas County citizens.
Demand accountability from our elected officials.
Terri was moved Tuesday (Dec 16) from Woodside Hospice in Pinellas Park to another facility called Park Place in Clearwater. Apparently, Woodside Hospice is undergoing renovations. This other facility is closer to Michael Schiavo's home in Clearwater.
Also, Terri's father, Bob Schindler, received the following e-mail from a supporter who attended Terri's vigil in October.
"URGENT MESSAGE FOR SCHINDLERS. At Terri's vigils Joe and Marguerite Zupansic were very faithful. He was the man that suggested taking Terri to the ocean and seeing her reaction and His wife had mouth cancer.
Marguerite requested that I write you. JOE DIED VERY SUDDENLY WITHOUT WARNING LAST NIGHT 12/4. Joe wake will be Wed night at Moss Feaster on Indian Rocks Rd. Largo 4 to 8 PM and funeral Thursday 10:30 at St Patricks
Catholic Church in Largo. Bob and Mary, every day since the vigils Joe has wrote and called and talked to FBI--and was totally obsessed with trying to help save Terri!!"
Let's see, most of the nurses who complained about Terri's reported mistreatment are gone, and now Joe. Somebody have a deal with the devil or what?
I thought that Greer said, "Don't anyone feed that girl," when he ordered the tube removed the first time.
You are correct, George W. Greer said that no one could "feed" Terri. He has never seen Terri; of course, he is legally blind. Yet the Pinellas GOP supports this "judge." I think the Pinellas GOP needs a good potscrubbing.
I will pray for Joe Zupansic, as I (we) am doing for the school teacher who was fired, and as we are doing for Terri all along. Thanks.
From Gordon Watts:
This is from Gordon Watts:
Here's a "Teaser" to my Health/Diet Research"
"Mettlin and Piver (1) recently reported that increased risk for ovarian cancer associated with [happening together with] milk consumption was confined to ...
"Because there is clinical and experimental evidence that galactose may be toxic to ovarian germ cells...
"This was a 12-year prospective study among 77 761 women... In our cohort [group], women consuming greater amounts of calcium from dairy foods had modest but significantly increased risks of hip fracture while no increase ...
Table of contents
I. Why regular table sugar is better than the "diet" sweetener * NutraSweet * in most cases
II. Why Soy and Rice "Milk Substitutes" are better than * Cows' Milk * in most cases
III. New Research on * ~~~ STRESS ~~~ * ~*~
IV. Why eating * too many calories * can reduce your life span
Two studies: reducing caloric intake caused rats & mice to live at least 30% longer than usual and worms to live about nineteen! (yes, 19 !!!) times as long as usual. Details below.
V. What the * Holy Bible * has to say about eating meat and drinking milk
VI. What is Food Combining?
VII. My guess at the * Top 20 * HEALTH Risks (things to avoid)
The research I've done on milk, meat, and other little-known stuff - while I was a double major up at The Florida State University:
http://www.GeoCities.com/Gordon_Watts32313/consumer.html or
http://Gordon_Watts.Tripod.com/consumer.html I misquoted the law in my e-note to you: the correct citation is s. 744.3215(1)(i), see below...
Notes to self: The top section is mainly "Stuff I left ouf of my lawsuits / petitions/" The bottom section is stuff that Governor's legal team is being asked to do ... some of the Quotes of Law may be duplicitave / Repetitive, but this "Petition to the Governor" had some stuff I missed altogether, especially the Federal stuff:
With respect to Terri Schiavo' s inability to be protected by *current* euthanasia law, I filed an Amicus defending "Terri's Law" and also petitions for writs to enforce the current law (not Terri's Law).
http://HomeTown.AOL.com/Gww1210 or
http://GeoCities.com/Gordon_Watts32313 Wish List For Fla. Leaders:
* Order a DCF investigation (abuse of disabled individual s. 415.104(1), Florida Statutes)
* Order and FDLE investigation - failure of city police to prevent violation of mercy-killing laws, s. 765.309(1) ; 782.051
* Notes: s. 782.07(2) and s. 825.102(3) say something important about neglect and possible manslaughter charges. I looked them up, and they applied to Terri Schiavo condition, but I forget the exact language. From
http://www.fdle.state.fl.us/OGC/Legal_Bulletins/lb9903_10-14.html I find:
Neglect Of Disabled Person - Constitutionality
The 4th DCA affirmed a defendant's conviction for neglect of a disabled person, rejecting constitutional challenges to the underlying statute.
The defendant's conviction for neglect arose from the death of her mother. On appeal, the defendant challenged the constitutionality of sections 782.07(2) and 825.102(3) on the grounds that the statutes lacked a specific intent requirement, are unconstitutionally vague and violated her mother's right to privacy in refusing medical treatment. Affirming the defendant's conviction, the DCA found it within the Legislature's power to dispense with the intent element and said the statutes are not vague because the defendant's conduct fell squarely within the conduct proscribed by the statutes. As to the defendant's argument regarding her mother's right to refuse medical treatment, the DCA said "constitutional rights are personal in nature and generally may not be asserted vicariously." [Sieniarecki vs. State, 724 So.2d 626 (4th DCA 1998)]
* Order an investigation by local City of Pinellas Park Police Department and prosecuted by State Attorney's Office (Bernie McCabe, Pinellas County's State Attorney) - Michael Schiavo should have been prosecuted by his local police for violoation of Chapter 798 -Adultury/Fornication sex crime statues, still current law. (s. 798.01 and 798.02 haven't been enforced in years, but should be to reduce veneral deiseased and domesticc violence, as the other "sex crimes" statutes are enforce.)
* (An appeal angle) The courts oversteeped their boundries by not allowing mandatory rehab, s. 744.3215(1)(-i-), Fla. Stats., thus asking for a Writ of Prohibition.
* Equal Protection: Terri did not receive special protection: The law could, theroetically, have applied to anyone in these circumstances.
* Ask the Fla. legislature to pass a resolution condemning the above parties for failing to follow the law -if they have backbone -your voice would be appreciated too, and you may follow my suggestions to the letter, if you like)
* Other things for which Michael Schaivo and hospice workers could get prosecuted are contained in my Court Briefs, posted online.
* Of note: s. 765.101(12) defines "Persistive Vegitative State" totally differently than what Terri Schiavo is, but even if she is "PVS," mercy-killing is prohibited per my suit.
* s. 765.101(10) Defines life prolonging proceedures, but it does not mean regular food and water.
* PS: Look up these laws at say,
http://flsenate.gov/statutes -at, the public library, a law library, or another online source.
* Also, the examples of many others who have been eitehr (1) Misdaignosed as "PVS" - or (2) healed up, should also be considered. (If Terri Schiavo is to be put to death, do it humanely, but evil is not humane is it? -- If she IS PVS, then letting her live won't put her through any pain - if she is NOT "PVS," then she will feel pain -and fear -by being starved to death, which is "cruel and unusual" punishment for a criminal -and worse for her -and, certainly a violation of laws which prohibit discrimination based on disabilities, but I think the "criminal" argument is the better of the two - the "take home message.")
***
Petition to Governor Jeb Bush to Remove Michael Schiavo as Terri's Guardian
And Open a Full Criminal Investigation.
Dear Governor Bush:
Thank you for implementing Terri's Law and your ongoing support for her right to life. In light of the evidence in this case, we believe your actions were both heroic and necessary. In light of the evidence of criminal action by her husband, we respectfully request that you immediately commence proceedings to remove Micahel Schiavo as Terri's legal guardian and open a criminal investigation based on the following:
1) Bone scans and medical records from 1990 indicate severe trauma, numerous broken bones; no criminal investigation has ever been conducted. A review of these records by top US Forensic Pathologist Michael Baden concluded that a criminal investigation should be conducted
2) Michael Schiavo defrauded the courts by promising to care for Terri for the rest of his life and then used the jury awarded $700 thousand specifically designated for Terri's rehabilitation for his own personal gain and to end Terri's life. This also violates Fl Statute. 825.103 "Exploitation of an elderly person or disabled adult" which prohibits the misuse of a disabled person's funds by the guardian.
3) Further, Section (2)(a) states that If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4)The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
5) Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
6)Failure to Discharge His Duties under FS § 744.474 (2) requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
7)The initial move to Hospice was done in violation of the annual plan and without court permission in violation of FS § 744.3215(4)].
8) Terri has the right to receive visitors and communicate with others. FS § 744.3215
9) Terri has the right to receive "palliative care" which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. FS. § 765.102.
10) In 1990, Michael took Terri to San Francisco for experimental medical treatment, without the necessary prior approval of the Court. FS. § 744.3215(4).
11) The guardian is required by law to prepare and present an annual plan. FS § 744.3675.Repeatedly, the annual plans have been filed late or not at all
12) In his annual reports, Schiavo has failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by FS §744.3675 (1)(b)(3)
13) The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation
14) Fla. Stat. § 415. 102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse under the Adult Protective Services Act as well as the guardianship statutes.
15) Schiavo’s decision to hold Terri at Hospice after it was clear that she was not "terminal" within Medicare guidelines was an improper use of the ward’s assets. In order to receive federal payment for hospice care, the facility must obtain a certification from the attending physician within two calendar days of initial admission that the patient’s "prognosis is for a life expectancy of 6 months or less if the terminal illness runs its normal course." 42 C.F.R. § 418.22 (2001) Terri has been in Hospice 3 years.
Governor Bush, the Florida courts, DCF and Adult Protective Services have failed to do their job of protecting Terri's rights. Please exercise your executive power to remove Michael Schiavo as Terri's legal guardian at once, appointing her as a ward of the State under your care and demand a full investigation through every possible legal authority, including Federal Investigative Assistance if necessary. Thank you.
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