Terri Schiavo's Family Files Contempt Motion to Obtain Terri's Medical Info

LifeNews Online ^ | 02-25-04 | Steven Ertelt

[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

[cyn]

"Contempt of Court hearing will be Monday, March 1, 2004 at 2.00pm at the Clearwater Courthouse on South Fort Harrison Avenue in Clearwater."

This is the day that justice can finally, finally be done for Terri and her family. I am watching and praying for all involved in this.

[Dante3]

BUMP

[HiTech RedNeck]

prayers that whatever terri's fate they will not succeed in starving her again. what monsters.

[phenn]

~UPDATE - CONTEMPT OF COURT HEARING~

Today in the Sixth Judicial Circuit, the Motion dealing with contempt of court allegations against Michael Schiavo were not heard. Instead, a petition from Mr. Schiavo's attorneys (Deborah Bushnell and Scott Swope) for a continuance (or rescheduling) of the contempt hearing was heard.

Mr. Schiavo's attorney asked the Judge George Greer reschedule the contempt hearing to a time that would be convenient for lead counsel, Deborah Bushnell. The attorney representing Terri Schiavo's parents, Patricia Anderson, showed evidence to Judge Greer that she had made several attempts to schedule a hearing at a time convenient to Ms. Bushnell. Additionally, Ms. Anderson provided evidence that she offered three unique hearing times and was told by Mr. Schiavo's attorneys that none were suitable. Mr. Schiavo's attorneys did not offer any alternatives or suggested scheduling times.

Judge Greer scolded Attorney Swope for asking for continuance or rescheduling without offering Ms. Anderson alternatives. After doing that, he proceeded to reschedule the contempt hearing until Friday, March 5, 2004 at 9.30 am.

Mr. Schiavo's attorneys claim he is following the directive of the 1996 court order that compels him to make changes in Terri's condition known to her family. However, it was only on February 24, 2004 that he notified the nursing staff at Park Place Assisted Living Facility in Clearwater that they may disclose any information to Terri's family. As of this writing, Terri's parents and siblings are still not receiving information regarding her physical and medical condition.

Related Documents:
1996 Court Order - http://zimp.org/documents/1996%20Court%20Order.pdf
Schiavo Letter, dated 02-24-04 - http://zimp.org/documents/schiavoletter022404.pdf
Motion dealing with Contempt, dated 02-24-04 - http://zimp.org/documents/022404contempt.pdf

[lonevoice]

Bump for update information from phenn about the Shiavo's contempt hearing today

[floriduh voter]

NEWS BULLETIN: Today in the Sixth Judicial Circuit, the Motion dealing with contempt of court allegations against Michael Schiavo were not heard. Instead, a petition from Mr. Schiavo's attorneys (Deborah Bushnell and Scott Swope) for a continuance (or rescheduling) of the contempt hearing was heard.

Mr. Schiavo's attorney asked the Judge George Greer reschedule the contempt hearing to a time that would be convenient for lead counsel, Deborah Bushnell. The attorney representing Terri Schiavo's parents, Patricia Anderson, showed evidence to Judge Greer that she had made several attempts to schedule a hearing at a time convenient to Ms. Bushnell. Additionally, Ms. Anderson provided evidence that she offered three unique hearing times and was told by Mr. Schiavo's attorneys that none were suitable. Mr. Schiavo's attorneys did not offer any alternatives or suggested scheduling times.

Judge Greer scolded Attorney Swope for asking for continuance or rescheduling without offering Ms. Anderson alternatives. After doing that, he proceeded to reschedule the contempt hearing until Friday, March 5, 2004 at 9.30 am.

Mr. Schiavo's attorneys claim he is following the directive of the 1996 court order that compels him to make changes in Terri's condition known to her family. However, it was only on February 24, 2004 that he notified the nursing staff at Park Place Assisted Living Facility in Clearwater that they may disclose any information to Terri's family. As of this writing, Terri's parents and siblings are still not receiving information regarding her physical and medical condition.

Related Documents: 1996 Court Order - http://zimp.org/documents/1996%20Court%20Order.pdf Schiavo Letter, dated 02-24-04 - http://zimp.org/documents/schiavoletter022404.pdf Motion dealing with Contempt, dated 02-24-04 - http://zimp.org/documents/022404contempt.pdf

[floriduh voter]

sorry for the duplicate but I pinged a few other freepers. All was not lost.

[cyn]

Hi, fv -- thanks for the ping. I'd posted to you over HERE. Thinking.

[Saundra Duffy]

FIGURES! Keep us posted on what happens this Friday. THANKS SO MUCH!!!

[floriduh voter]

I have Sarah Foster's article on my Terri page and an update from today.

[cyn]

keeping Terri and all in my prayers.

[floriduh voter]

POSTPONEMENT OF CONTEMPT HEARING UNTIL END OF MARCH. Stay tuned, friends. That's all I have for now. floriduh voter

[floriduh voter]

see 32.

[cyn]

"POSTPONEMENT OF CONTEMPT HEARING UNTIL END OF MARCH. Stay tuned, friends. That's all I have for now. floriduh voter"

FYI.

What's with this?

[Saundra Duffy]

I can't believe it! I thought the court was already pissed because they had to postpone until Friday. Now it's postponed 'til the end of the month! Here's hoping the HINO doesn't use the time to harm Terri in any way. Sheeeeesh.

[cyn]

Several questions are wrapped into one in my above post. "What does this mean to Terri and her family?", and "How can this delay, while not seemingly desirable, work in Terri's favor?"

Here is a post with info from a similar long-lasting, unjust situation in the courts:

"Equally as important, we know our opponents monitor Free Republic and are following developments closely. They have, once again, been put on notice that we are not alone in this struggle and that there are individuals across the country willing to fight governmental tyranny (which is all too often aimed at conservatives). . . have done everything in their power to destroy us. 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. "

I'd like to see their strategy backfire. They must be assured that we do not forget between now and the end of March. Those articles about how FL is for the "right to die" over Terri's right to live (which is a crock) and how FL is angry at Bush and legislature for preserving Terri's life are for a purpose -- they are test balloons, to see if we still care.

So -- what to do? Stay informed, continue to send emails to gov et al, cards, what else do you all suggest?

Most importantly, we continue in prayer and petitions to the Lord for Terri's continued protection . . . "more glory to God" through all these twists and turns, perhaps as a result of them? All things for His glory, to bring more to Him. May it be so.

[Dante3]

IMHO the time is needed for a huge coverup and hopes of doing in with Terri.

[MindBender26]

Not unusual at all. Know you hate it, but as someone posted before, a person against whom a motion for contempt is filed has numerous opportunities to cure the alleged contempt.

This contempt issue is simply a minor sidebar to the whole case.

This will probably drag on for years, with numerous suits, counter-suits, etc. Terri will not be denied food and water, but husband's litigation against Gov and law will not move quickly either.

Remember, as much as you may disagree, there are two arguable sides here. I didn't say two correct sides, but two arguable sides. 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. If memory serves, one case in Ohio recently settled after 78 years.

Expect no early resolution of any kind.

[MindBender26]

PS Remember the Godfather asking the Undertaker (on his daughter's wedding day) something like, "You went to the American courts for justice? You go to them for comedy. You come to me for justice!"

[Pegita]

Heavenly Father, we return to give You thanks that You are King of Kings and Lord of Lords ... You are Justice and Mercy ... greatly are You to be praised, Sovereign God. Nothing is outside Your notice or Your tender care, yet, again, we have the need to come to You on behalf of this mother's child and her beleaguered family.

The courtroom has long ceased to be a place of relief for Terri ... it is used by the merchants of death to render unspeakable evil upon an innocent woman. Again, Father God, we seek Your continued protection for her during these days when a motion to provide medical information is again postponed. Again, I pray that those whose hearts are darkened would be cleansed by the Blood of the Lamb, such is Your love. Let none succeed in the murder of this beloved daughter ... turn the courts back into a place of justice with judges who are guided by law and not agenda.

So great is this catastrophe, O God, that words fail. Lift us up, even as we continue to lift up Terri and her family, for You have shown us the enormity of evil. Were it not for You, Heavenly Father, we would be swept away. This is beyond our understanding, but we rest in Your promise that all things work together for good to those who love the Lord, who are the called according to Your purpose. Thank You for each one who whispers Terri's sweet name before the Throne of Grace ... may it be that soon, dear Lord, You will open the door to Terri's prison and return her to her beloved family. In the Name of Jesus, I pray, Amen ...