ORDER DENYING MOTION FOR ORDER TO SHOW CAUSEThis matter came before the Court at a hearing on March 26, 2004 on the Respondents’ Motion for an order to show cause why MICHAEL SCHIAVO as guardian of the person of Theresa Marie Schiavo should not be held in indirect criminal contempt for violation of the order requiring service of copy of annual reports of person on parents of the ward, entered June 18, 1996, by the Hon. Thomas E. Penick, Jr. Paragraph 3 of that order provides as follows:
“MICHAEL SCHIAVO, as guardian of the person of Theresa SCHIAVO, shall notify in writing any nursing home, which now or in the future provides care of medical services for THERESA SCHIAVO that he has no objections to the nursing home discussing Theresa Schiavo’s medical condition with Robert Schindler or Mary Schindler. Michael Schiavo shall promptly provide Robert Schindler or Mary Schindler a copy of any neurological reports regarding Theresa Schiavo. In addition, Michael Schiavo agrees to inform Robert Schindler and Mary Schindler as to any significant changes in Theresa Schiavo’s medical condition.”The Motion was apparently triggered by incidents occurring in February 2004. Fla. R. Crim. P. 3.840(a) provides that a judge, based on the affidavit of a person “having knowledge of the facts”, may issue an Order to Show Cause. While Mrs. Schindler’s reason for not disclosing the sources of her information is understandable, the Rule nevertheless requires personal knowledge. See Hagan v. State, 853 So.2d 595 (Fla 5th DCA 2003). On their face, the affidavits submitted in support of the motion for an order to show cause do not demonstrate personal knowledge by the movant, Mary Schindler or by HEIDI LAW, the other affiant, of noncompliance with the 1996 order. While Mary Schindler does in the second sentence of paragraph 7 of her March 23, 2004 affidavit speak with personal knowledge, that knowledge is predicated upon the hearsay statement of the preceding sentence. Therefore it isORDERED AND ADJUDGED that the Motion for an Order to Show Cause is denied without prejudice for Respondents to file anew in accordance with the above-cited Rule.
DONE AND ORDERED in chambers, at Clearwater, Pinellas County, Florida this 29 day of March, 2004.
(signed) GEORGE W. GREER
Circuit Judge
This info from Terri's website "what you can do":
Terri is not alone... .Over the past several months, more than 150,000 people took the time to sign a online petition to Florida's Governor, Jeb Bush. Thousands more wrote, phoned and faxed lawmakers in Florida. Because of this tremendous outpouring of concern, officials in Florida were made aware of the injustice taking place in Terri's case.
It is important not to give up hope. You can keep this issue in the view of our elected officials by keeping in contact with them.
MY NOTE: the family always appreciates your prayers and notes (send to address at website) letting them know you are thinking of them. Tuck in a check if you can.
Governor Jeb Bush (R)
Office of The Governor
Florida Capitol Building, PL-05
Tallahassee, FL 32399-0001
(850) 488-7146
(850) 488-4441
jeb@jeb.orgAttorney General Charlie Crist
Office of Attorney General
State of Florida
The Capitol
Tallahassee, FL 32399-1050
(850) 414-3990
Fax: (850) 487-2564
ag@oag.state.fl.usState Attorney Bernie McCabe
14250 49th Street North
Clearwater, FL 33762
(727) 464-6221