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
So if I'm understanding this right, the judge is saying that the fact that medical facilities have refused access to Terri or her records does not constitute "personal knowledge" that Michael failed to instruct them to provide such access.
Still, it would seem in a case like this that a reasonable judge would require the respondent to carry out the order in such manner as to provide proof of its execution [e.g. by having a process server give appropriate notice to the medical personnel and facilities in question].
BTW, did Michael give any testimony or post any affidavits in this manner? If not, the fact that someone swears under oath that they were denied access to documents they should have been allowed to access should at least be grounds for enough suspicion to make the court ask the respondent whether the previous court's orders had been carried out.
Otherwise there's a brilliant catch-22: unless they receive Michael's order, the medical facilities won't provide any evidence of whether or not they've received any order, and if they won't provide evidence of not having received it, then in Greer's view Michael can't be charged with not having given it.
Yet, Merciful Father, there are moments of the greatest despair, for the forces of evil are set against her, and the very things that we hold dear, are the very things used to imprison her. There has not been remedy for this dear woman in the courts, yet these courts are supposed to protect the most vulnerable. There has not been proper personal care for Terri, yet she is in a place where care is to be given. She is denied the freshness of springtime and the warmth of sunlight from the very person who vowed to love and cherish her. Her world is upside down, O God ... our world is upside down, and we know not what to do to make it right.
Lead us anew in the way that we should go, for Terri's sake and for the sake of her family. Gather them to Yourself in comfort and assurance, for we cannot. Break the chains that bind her in a room centered in hell, for we cannot. But may the thunderous outcry from Your people reach the Throne of Grace and somehow come crashing back upon each one who has any part in this madness ... swiftly sweep them aside, such is their evil. Continue to store up every effort and every prayer and every tear and every hope and every moment until the day of full release ... the day of freedom for our beloved Terri. May it be soon, O God, may it be soon that the joy of her family will be full. Teach us to be constant in prayer until that time, in the Name of Jesus, I pray, Amen ...