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

[TheSpottedOwl]

He (God) must have some more people to be witnessed or something. Terri is being upheld by him. I swear there is a reason for all this.

I'm starting to get that feeling myself. It's like God is using Terri to teach us something. I just hope that the court runs out of ways to prevent Terri receiving the love and care that she deserves.

[FR_addict]

Terri Schiavo's Parents Re-File Motion to Intervene in Terri's Law Case

http://www.freerepublic.com/focus/f-news/1091273/posts

[Chocolate Rose]

bump to read later

[Canadian Outrage]

I have to tell you that as far as I'm concerned, this CORRUPT court is attempting to stall long enough to MURDER Terri. Whoops!! sorry she died. Case closed. This situation calls for nothing less than a REVOLT!! against the OPEN JUDIDCIAL CORRUPTION causing MURDER!!

[floriduh voter]

What to do? For one thing, make up Terrisfight.org return address labels with her site listed underneath your info. Slap them on all your snail mail. Further, offer to make labels for your friends and family. SNAIL MAIL FOR TERRI. Get that web site address out there...

I received a reply from Wesley Smith which said "Of course" regarding the continuance of the contempt hearing until the end of March.

If you want to do an anti-Greer freeper ad, the only local newspaper is the St. Pete Times. You'd have to see if they would run such an ad since Mary Jo Melone and friends at the paper favor starving people. If you don't mention "Terri", maybe they would at least discuss an ad with you. Freepmail freepers if they quote you a price.

Or, how about 1040 radio or 970 wfla radio? They are pro-Terri (conservative). Glenn Beck has covered Terri for three years. I don't know what those stations would charge. And, there's Christian Radio in Pinellas-Pasco County.

For some reason, I think Terri's case is a Pasco case but they have Pinellas-Pasco Circuits both in Pinellas. Whatever area Greer covers, there's your target market. Radio would be better than newspapers.

I'm not familiar with Pasco newspapers but they may have one.

Maybe you can visit www.sptimes.com and see an on line listing in their tv guide - all local tv and radio stations. It's part of the Sunday paper. Have a nice weekend. floriduh voter

[floriduh voter]

Judges get a yes or no to retain vote but usually, there are at least ten judges in our races. I'm proud to say that I voted "no" on Greer in 2002 - I think it was intuition. I didn't know about Terri until Aug-September of 2003.

[floriduh voter]

Judicial Spotlight for beginners. Greer was more careful when he was first assigned to guardianships-probate. Something went horribly wrong the more he became familiar with that department. I think Greer made a wrong turn based upon his prior acquaintance with George Felos when Greer was a County Commissioner and Felos was a State Attorney. IMO, when their paths crossed again, the rule of law was thrown out the window of Greer's chambers.

[floriduh voter]

You missed Larry King Live where Michael stated that he did both his parents this way? He also said that he wasn't going to stop re: Terri. Michael got kicked under the table by Felos more than once, no doubt. Aren't vcrs a great invention? I believe the transcript to the LKL interview is on Free Republic. If it's not in my links, you can find it doing a FR search. You won't believe that MS said to Larry King Alive.

[floriduh voter]

Attorneys file Motions for Protective Order so that certain deponents are excused from being deposed. Jeb wants and has a right to take Michael and Jodi's deposition to learn various details that are related to Terri's wishes, Michael's and Jodi's wishes, in addition to financial questions - those are the questions that Felos certainly doesn't want Michael and Jodi to be asked under oath.

I haven't seen any Motions for Protective Orders specifically but that's the Motion to stop depos.

The attorneys for Michael and Jodi would have to show cause in the Motion for PO why it would be detrimental for them to be be deposed.

TROLL DISCLAIMER: If that is not picture perfect, I expect someone can flame away at me. This is a post, not a bar exam.

[floriduh voter]

On election day, judges get a Yes to retain or No to hit the highway. We usually have 8 to 10 attorneys-judges run at a time. Their bios are in the local paper but their political affiliations are not on the ballot or listed in the newspaper.

As soon as I see a picture of Greer in the paper, I'll scan it, enlarge it and put a no symbol through him. Vote No on Judge Greer.

[sarasmom]

Just vote NO, on all judicial retentions.

It may take two or three elections to clean house, but God knows a thorough judicial housecleaning is in order.

This latest local judicial outrage of rescheduling an urgent case is untenable.I think we all need to pay very close attention and force the issue of "memogate" to release the entire contents of all the "shared files".

The legal system is patently corrupted and broken.
Prayers for Terri Schiavo.Payers for all of us.

[nicmarlo]

can shed any light on how this could happen before tomorrow's scheduled hearing. Is this a normal procedure? Rescheduling the hearing before going into court at the specified time?

I would say it does happen; I would also say that's part of why our courts are clogged up....there's lots of adjournments (cancelling court dates/rescheduling to new dates) for lots of reasons.....but it is my opinion that, in this case, it's unusual, given Terri's physical/medical condition.

[Canadian Outrage]

I think God just might be teaching the Godless Atheists that THEY are NOT in control, God Himself is!! I agree, fervent Prayer is keeping this girl alive.

[Saundra Duffy]

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

I can't believe this happened. Just when you think something positive is going to happen for Terri, we all get kicked in the teeth. I feel so bad for Terri's family. Sheeeeeesh! May the Good Lord watch over Terri and keep her safe.

[Dante3]

I know. This is such a sad case. Imagine Michael not even allowing flowers into her room, and those people making bets as to when she'll die. There is so much that is wrong in this case, including the horrifying judicial corruption.

[tutstar]

http://www.freerepublic.com/focus/f-news/1080605/posts

I have a special request!
If anyone who has info on the judges in Terri's case, including the listing of specific points where the statutes have been disregarded. PLease list them on this thread, I posted the info about removing judges on this thread. If we can get a good compilation of all the judicial negligence then we can proceed. I am working on something in regard to Sen. King and just don't know if I can devote equal time to both and doing the research at the same time.
I think the judges are fairly cozy in their seats and probably don't expect any flak to come their way. And last time if memory serves me Greer ran unopposed. I don't see why we should wait and hope he's not reelected. It will take a little time to compile the info and then we can put up a website, make cards for folks in that area to print out and distribute when you're out on the town so folks who will be voting for or against him can go to the website and be informed in case he is not impeached.
Fl judges can be impeached.
I agree with cyn that we need to have our info in one handy dandy file. I have started one today for Terri info and judge info and will add any future items to them. If you have any past info re Terri please freepmail or ping me to it. Any judge info please put on the referenced thread.

[sweetliberty]

See tutstar's post #96.

[cyn]

I believe phenn posted something along those lines last week -- I'll see if I can find it before I have to leave.

[cyn]

here's a link phenn posted:

Conflict of Interest Charged in Florida Euthanasia Case -- September 17, 2003

Capitol Hill (CNSNews.com) - Supporters of Terri Schindler Schiavo, the 39-year-old disabled Florida woman whose husband is attempting to remove her feeding tube which would end her life, charged a possible conflict of interest in the case Tuesday, one day after the judge postponed a decision on therapy for the woman to help her re-learn to swallow nutrients given to her by mouth. [me: was this obvious step ever done? I don't believe it was -- heavens, Terri might aspirate and die!]

The group working to get therapy and rehabilitative services for Terri alleges an improper link between the husband's attorney, George Felos, and court-appointed physician Dr. Peter Bambakidis, who was charged with providing an impartial review of the medical evidence in the case. Felos refused to comment on the allegation. . . . .

Judge set to rule on removal of feeding tube, swallowing therapy

Pinellas-Pasco, Florida, Circuit Judge George Greer refused to hear the Schindler family's motion that Terri be given immediate therapy to help her re-learn to swallow food on her own, before her feeding tube (technically referred to as a "gastrostomy" or "g-tube") is removed. Greer told attorney Pat Anderson that the issue is still being considered as part of the decision about when the tube will be removed.

"He told litigating attorneys that he would deliver a ruling on the removal of Terri's feeding tube as well as the emergency motion for immediate therapy ... on Wednesday," Hennessy told CNSNews.com. "But he's not calling another hearing. It's assumed, at this stage, that he's going to deliver whatever ruling he has via facsimile or courier."

Choose life. Why not choose life for Terri? Why not even TRY her to see if she can eat, which makes this "feeding tube" debate moot? This stinks.

[cyn]

This is what I was really looking for:

Posted by phenn to All at http://www.freerepublic.com/focus/f-news/1081869/posts?page=98#98 -- 02/25/2004

Someone might wish to fire this off to Mary Jo:

Violations under Florida Law against Terri Schiavo

744.3215 Rights of persons determined incapacitated.--

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.
(VIOLATED - Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered "NONE" as his plan of action.)

(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED - The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)

(c) To be restored to capacity at the earliest possible time.
(VIOLATED - Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(VIOLATED - deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law.)

(e) To have a qualified guardian.
(VIOLATED - her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward?s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(VIOLATED - Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company.)

(g) To be properly educated.
(VIOLATED - Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. She has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(VIOLATED - Terri?s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)

(i) To receive necessary services and rehabilitation.
(VIOLATED - Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)

(j) To be free from discrimination because of his or her incapacity.
(VIOLATED - Terri Schiavo has been denied due process in both the guardianship and federal courts.)

(k) To have access to the courts.
(VIOLATED - See above.)

(l) To counsel.
(VIOLATED - Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)

(m) To receive visitors and communicate with others.
(VIOLATED - Terri?s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court?s prior approval and on personal whim.)

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(VIOLATED - Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.
(VIOLATED - Terri was admitted to a Hospice facility in 2000 without prior court approval and in violation of Federal laws pertaining to Hospice confinement qualifications.)

(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or

2. It is intended to assist the ward to develop or regain his or her abilities.
(VIOLATED - Terri Schiavo was subjected to experimental implant surgery in 1993 without prior court approval and without recommendation of her attending physician. Additionally, she was transported across state lines for said surgery. Additionally, follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)

(c) Initiate a petition for dissolution of marriage for the ward.

(d) Consent on behalf of the ward to termination of the ward's parental rights.

(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward

---