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Terri Schiavo's Family Files Contempt Motion to Obtain Terri's Medical Info
LifeNews Online ^ | 02-25-04 | Steven Ertelt

Posted on 02/25/2004 3:40:46 PM PST by phenn

Clearwater, FL (LifeNews.com) -- The family of Terri Schiavo, on Tuesday, filed a contempt of court motion against Terri's estranged husband Michael. They say he is once again withholding information from them concerning Terri's medical condition, in violation of a 1996 court order.

Last week, Terri began vomiting and Terri's parents, Bob and Mary Schindler, asked nursing and hospice staff what had caused it and what measures were being taken to treat Terri.

Terri is currently living at Park Place Assisted Living Facility in Clearwater, Florida, and staff at the facility told the Schindlers that they were under orders from Michael's attorneys not to divulge any information.

That prompted family attorney Pat Anderson to file a contempt of court motion against Michael.

A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment.

"Michael Schiavo's flagrant violation of the simple and understandable terms of the 1996 order is deliberate and contumacious," the motion says. "Its harm to the Schindlers is continuing in nature, but they are not the only ones harmed."

The motion says the Schindlers are concerned for their daughter because the vomiting "could result in aspirational pneumonia, a life-threating condition for a patient such as Terri, especially if left untreated."

Mary Schindler said she is worried that the positioning of Terri's body during the tube feedings is a possible cause for the vomiting.

The 1996 court order required Michael to notify any future nursing home that provides care or medical services to Terri "that he has no objections to the nursing home discussing [Terri's] medical condition with Robert Schindler or Mary Schindler."

The order also required Michael to provide the Schindlers with any neurological reports and to inform them of any "significant changes" in Terri's medical condition.

Additionally, a court order in September of 2003 directed Michael to provide a discharge summary from Morton Plant Hospital to Terri's parents. He has yet to comply.

Related web sites: Contempt motion - http://www.zimp.org/documents/022404contempt.pdf

Court order requiring Michael to provide medical info - http://www.zimp.org/documents/1996%20Court%20Order.pdf


TOPICS: Extended News; Miscellaneous; News/Current Events; US: Florida
KEYWORDS: bioethics; corruption; courts; domesticabuse; euthanasia; florida; guardianship; humanrights; law; medicalethics; righttodie; righttolife; schiavo; schindler; terrigate; terrischiavo; terrischindler; terrisfight; womensrights
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To: MindBender26
Hi, thanks for your response.

"When you have two arguable sides and lawyers ready to argue them, and clients ready to pay lawyers to so argue, cases like this drag on for years, even decades. Expect no early resolution of any kind. "

But we're talking about a person with a "shelf life", if you will, who is not receiving even ordinary maintenance care (note the judge wouldn't even allow a simple swallowing test!) . . . and time is of the essence.

Don and Teri Adams, who are fighting an unjust lawsuit against the Teamsters et al, said recently: "Their strategy, all along, has been to wear us down both mentally and financially—thereby making it impossible for us to achieve justice in this matter. " It's a common strategy, but Terri's life is at stake.

So the question remains: What can be done to help Terri, to remove the guardian with a conflict of interest who wants her dead? To get a judge to do the right thing, no more games?

re: Godfather -- lol!

101 posted on 03/06/2004 8:32:31 AM PST by cyn (www.terrisfight.org)
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To: sarasmom
"Just vote NO, on all judicial retentions." -- Yikes, NOT a good idea, some are worth keeping! We have to do homework on case by case basis.

I helped in the campaign of a judge who recently replaced an entrenched ethically-challenged judge in another state. Why should she be capriciously voted out??

102 posted on 03/06/2004 8:37:46 AM PST by cyn (www.terrisfight.org)
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To: tutstar
Some of the impeachable offenses I'd like persued for Judge Greer include:
103 posted on 03/06/2004 9:09:46 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: floriduh voter
...from a different thread, you said...
>> It is believed that Judge Greer violated campaign election laws in 1998 but he was not held accountable.

Would you have any idea why Greer isn't mentioned in the official 1998 election results?

or for that matter, not mentioned in the official 2002 election results either?
(although there are LOTS of other judge retainment results)

104 posted on 03/06/2004 9:35:47 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: tutstar
from http://www.sptimes.com/News/060301/TampaBay/Fund_for_Schiavo_s_me.shtml
(published in 2001)

Last year[2000], the clerk of court's office, which processes those requests, questioned whether Felos should receive money for speaking to the media for hours. The judge did not stop the payments to Felos, who receives $195 an hour and $225 an hour for appellate work.

...

In April 1993, Mrs. Schiavo's money was valued at $776,254, court records show. By April 1998, it was only down to $713,825.

The money, managed first by Barnett Bank and now SouthTrust Bank, was invested in blue chip stocks, such as Coca-Cola, Walt Disney and Proctor & Gamble; corporate and U.S. Treasury bonds; and a money market account.

{note: a stock portfolio SHOULD have doubled to TRIPLED in those five years. The dow increased from (3400 in Apr`93) to (8900 in Apr`98). Attention Gov. Bush; Terri's rehab fund needs a thorough audit! }

Schiller, the financial planner, said a portfolio such as that could have earned $70,000 or more a year in the mid and late 1990s, when the stock market was booming. "It's not unrealistic," Schiller said. "It was the best performance in decades."

Those kinds of returns could have paid for Mrs. Schiavo's expenses. Her medical expenses were paid for by health insurance and Medicaid at first but now are paid by the account. It costs about $3,000 to $5,000 a month to live in a nursing home.

Schiller said it's likely Mrs. Schiavo's money has taken a small dip because of the stock market's recent woes, but most of the money appears to have been spent on legal fees.

Schiavo, a Clearwater respiratory therapist, lives with a woman to whom he had been engaged for five years, but his marriage still puts him in a favorable financial position.

Under Florida law, Schiavo will inherit his wife's money when she dies. Had he divorced her and let her parents become her guardians, there's a chance he would get nothing and possibly have to give up some of the money he was awarded from the lawsuit.

Jane Grossman, a St. Petersburg family lawyer, said a court determines what is a marital asset during a divorce. Money awarded to a spouse for past damages or expenses is considered a marital asset because those things happened during the marriage. That money can be divided.

But compensation for future loss of earning capacity and future medical expenses belongs solely to the injured spouse, according to a 1998 2nd District Court of Appeal ruling.

In this case, Schiavo is both Mrs. Schiavo's husband and guardian and gets the money either way.

105 posted on 03/06/2004 10:41:57 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
thanks for posting that article -- bump & have a good evening.
106 posted on 03/06/2004 2:14:34 PM PST by cyn (www.terrisfight.org)
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To: phenn
>>Schiavo, a Clearwater respiratory therapist, lives with a woman to whom he had been engaged for five years {AS OF JUNE 2001}, but his marriage still puts him in a favorable financial position.

NOTE: That article indicates Jodi became Michael's fiancee SUMMER 1996 or earlier! That would be a FULL YEAR earlier than the `97 obituary that published Jodi Centonze as being "Michael's fiancee".

I'd like to compare that to when Michael first told a court that Terri WISHED to die rather than live with an inconspicuous feeding tube under her clothes.

I assume that 'may' have been (1997?) but the link for May 1997 is broken on the timeline page of terrisfight.org   Do you know the correct link for that .pdf file?

107 posted on 03/06/2004 5:47:19 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
I don't know why Greer is missing in election records. I hope that you email jeb@jeb.org and ask this information to be forwarded to his Legal Counsel. It will get there that way.
108 posted on 03/06/2004 6:09:20 PM PST by floriduh voter (http://www.conservative-spirit.org/ Invite to my Site)
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To: sweetliberty; EternalVigilance; Canticle_of_Deborah; JulieRNR21; attagirl; Calpernia; Dante3; ...
tutstar is calling for impeachable offenses - see post 96
109 posted on 03/06/2004 6:10:50 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
Thanks for the update...
110 posted on 03/06/2004 6:15:20 PM PST by Just mythoughts
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To: tutstar
I hate to make anyone go back to the huge call to action thread but there's a lot of research there throughout. It would take scanning at least a third of the 5000 posts. I believe the last third was non-research and more newbies joining Terri's fight. We were going over Greer with a fine tooth comb in the huge thread. I have it on my links. Or, do a Judge Greer search at FR. See what happens. Greer violated guardianship laws re: the person and the property. He made secret fee petitions with George Felos among other violations. He doesn't make Michael do guardianship accountings even though that's required of guardians of person & property. Looking at it in those terms, all the violations of Terri and then her settlement proceeds for rehab. TOTAL, UTTER FAILURE and then Greer put Jeb Bush's letter in the file and refused to appoint a GAL for Terri back in September, 2003 (I think Sept) which Jeb was requesting for Terri.

THERE'S SO MUCH and then there's Judge Baird who seems to HATE JEB BUSH, the defendant in Schiavo v. Bush. Judicial activism is destroying the country and liberals and gays can only take over the country through the courts. They can't be a majority so they are going to try to steal America out from under us through guys like Greer (RINO) and the ninth circuit in San Fran. I am serious about this.

111 posted on 03/06/2004 6:18:26 PM PST by floriduh voter (http://www.conservative-spirit.org/ Invite to my Site)
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To: tutstar
Great idea!!
112 posted on 03/06/2004 6:20:50 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: FL_engineer
Thank you so much for the ping to this thread! Sometimes I get caught up on another facet of Terri's case and miss the other action going on. I'll get back with some of what I've found.
113 posted on 03/06/2004 6:43:44 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: sweetliberty; tutstar
Thanks for the ping; I don't have anything handy right now...but will keep my eyes open, for sure.
114 posted on 03/06/2004 7:29:53 PM PST by nicmarlo
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To: FL_engineer
Terri is currently living at Park Place Assisted Living Facility in Clearwater, Florida, and staff at the facility told the Schindlers that they were under orders from Michael's attorneys not to divulge any information.

That prompted family attorney Pat Anderson to file a contempt of court motion against Michael.

A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment.

I don't know what's wrong with this individual. We all know he wants her dead, but he sure makes a lot of fuss about it.

115 posted on 03/06/2004 7:40:34 PM PST by Victoria Delsoul (The Passion is true to the Gospel, those who claim to know it and disagree...simply don't understand)
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To: floriduh voter
Are the confirmation votes every two years? I would have thought such votes were every six years. Why do you think George W. Greer is so idolized by the people of the St. Petersburg area?


116 posted on 03/06/2004 8:47:37 PM PST by Theodore R. (When will they ever learn?)
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To: FL_engineer; tutstar
Thanks for the ping!

I don't know if the following is helpful, but I wondered if Greer's credentials are in order. There's an issue in NY State about judges allegedly not filing their oaths, and I recently read about a judge in FL who had a problem regarding his.

http://www.trt-ny.org

117 posted on 03/06/2004 10:55:02 PM PST by Lauren BaRecall (Secret ZotLurker)
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To: FL_engineer
Your list of impeachable offenses is excellent. This is some scary stuff here! By the way, AM I STILL LIVING IN AMERICA?! Sometimes I think my homeland has become a foreign country.
118 posted on 03/07/2004 6:40:16 AM PST by Saundra Duffy (For victory & freedom!!!)
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To: floriduh voter
Judicial activism is destroying the country and liberals and gays can only take over the country through the courts.

You got that right!

119 posted on 03/07/2004 6:45:27 AM PST by Saundra Duffy (For victory & freedom!!!)
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To: FL_engineer
Thanks for the ping, FL_engineer.

It looks like something really good is coming together here.

120 posted on 03/07/2004 7:55:27 AM PST by syriacus (Kerry's Kerry ancestors "came over" from Europe ....FIRST CLASS!! 1905 Genoa/NYC on Koenigin Luise)
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