Posted on 04/19/2004 2:05:56 PM PDT by floriduh voter
Persistent and Loyal Friends of Terri and of the U.S. Constitution,
I'm home from today's hearing which was held at the Criminal Courthouse Complex on 49th Street, Clearwater before Judge W. Douglas Baird.
Once I collect my thoughts from today's hearing which just adjourned about a half an hour ago, I'll post them here. Initially, I wasn't going to do any reporting re: the hearing but it was enlightening.
I learned today in the hallway that Terri's parents, siblings and other relatives are still unable to see her some three weeks later due to the criminal investigation of what may have been mosquito bites. But, that's a different legal matter.
p98 of MS Depo Med Mal 07/27/92
12 Q Okay. Let me go to the day of the attack,
13 and I understand that was 2/25/90; is that correct?
14 A Correct.
15 Q What had you done the night before?
16 A I was at work.
17 Q And I understand that 2/25/90 was a Sunday;
18 is that right?
19 A Right. Correct. Right.
20 Q And what do you recall about that morning?
21 A Of the incident?
22 Q Yes, I'm sorry. What time had you gotten in?
23 A I didn't get in until like 12:30, something
24 like that, 1:00. We had late parties that day at the
25 restaurant.
___
p.99 of MS Depo Med Mal Pt 4 072792
1 Q Was your wife awake when you got in?
2 A No.
3 Q Did you talk to her at all before you went to
4 bed?
5 A She said good night to me.
6 Q Okay. In other words, you went -- you
7 crawled in bed and she said good night?
8 A Yep.
9 Q What's the next thing you recall after that?
10 A Next thing I recall is I'm getting out of bed
11 for some reason, and I heard her fall and hit the
12 floor.
13 Q You were getting out of bed?
14 A For some reason.
15 Q How far is the bed from the place where she
16 fell?
17 A About seven feet.
18 Q What kind of floor are we talking about,
19 carpeted or --
20 A Carpeted, yes.
21 Q Okay. And where was it that she fell?
22 A In the hallway outside the bathroom door.
23 Q Were her feet still in the bathroom?
24 A I don't recall if they were or not; I don't
25 think so.
___
p.100 of MS Depo Med Mal Pt 4 072792
1 Q Could you tell whether or not from where she
2 was positioned if she had -- was coming from the
3 bathroom?
4 A I couldn't tell.
5 Q Was the bathroom light on?
6 A Yes.
7 Q Is it normally kept on overnight?
8 A No, it's not.
9 Q Would it then be fair to assume that she had
10 turned it on?
11 A She would have to, yes.
12 Q Okay. Was there any sound in the bathroom
13 that you heard, either before or after you -- after she
14 fell that would indicate that she might have been using
15 either the sink or the toilet in the bathroom?
16 A No sounds at all.
17 Q How was she dressed?
18 A She had a night shirt on with pants, with --
19 Q Underpants?
20 A I think they were sweat pants.
21 Q Oh, okay. Sweat pants?
22 A Yeah.
23 Q Was the night shirt something she would have
24 slept in?
25 A Yes. Yeah.
___
p.101 of MS Depo Med Mal Pt 4 072792
1 Q How about the sweat pants?
2 A She slept in them.
3 Q She slept in sweat pants and a night shirt?
4 A Oh, yeah.
5 Q Okay. It's cold in February, oh, yeah.
6 A It's cold.
7 Q So that would have been her sleeping attire?
8 A Some nights, yes.
9 Q Okay. Were there any other lights on that
10 you noticed beside the bathroom light?
11 A Yes.
12 Q What other light?
13 A It was just a night light that we have out in
14 the kitchen that goes on when it gets dark.
15 Q Okay. That wasn't one that someone would
16 have turned on?
17 A No. No.
18 Q Other than that, were there any other lights
19 on?
20 A No.
21 Q Did you hear her when she got out of bed?
22 A No, I did not.
23 Q Do you know why she got out of bed?
24 A Looks like she was doing something with the
25 cats.
___
p.102 of MS Depo Med Mal Pt 4 072792
1 Q You had some cats?
2 A Uh-huh.
3 Q That's a yes?
4 A Yes.
5 Q Okay. Were the cats in the house at the
6 time?
7 A Yes.
8 Q How many cats did you have?
9 A Two.
10 Q You said something with the cats, what do you
11 mean by that, playing with them or letting them out or
12 what?
13 A Could be. No. They were indoor cats.
14 Q Okay. Why do you say it looks like she was
15 doing something with the cats?
16 A Because they both came walking out of the
17 bathroom when I ran out there.
18 Q Oh, okay.
19 A They could have jumped over her or whatever.
20 I don't know if she was doing something with the cats
21 or not.
22 Q Oh, okay.
23 A It just looked to be like she was.
24 Q Now, what -- when you saw her, do you know
25 what time it was?
___
p.103 of MS Depo Med Mal Pt 4 072792
1 A I believe it was almost five a.m..
2 Q When you saw her, how was she lying; in other
3 words, on her back or --
4 A On her back.
5 Q Did she make any sound at all before she fell
6 that you heard?
7 A No, not -- I didn't hear any sounds before
8 she fell.
9 Q What did you do, then, after you --
10 A After she fell?
11 Q After you found her in hallway.
12 A I was -- I was to her within two seconds. I
13 seen she stopped breathing, I ran to the phone, called
14 911 within five seconds and panicked.
15 Q What did you do, then, after that?
16 A I went over to her, I -- I thought maybe --
17 I just started talking to her and holding her; I didn't
18 know what to do.
19 Q Did you try any CPR?
20 A No.
21 Q You mentioned you saw that she stopped
22 breathing. What did you do?
23 A When she stopped breathing?
24 Q No. No. No. How did you determine that,
25 that she had stopped breathing?
___
p.104 of MS Depo Med Mal Pt 4 072792
1 A Because I felt her chest and I heard her gasp
2 once, you know, and --
3 Q Okay. Then what happened?
4 A I immediately went over and called 911.
5 Q Okay. After -- after 911 and after you were
6 holding her, what was -- what then happened, was the
7 next thing that happened?
8 A I laid Terry down, I went over and called
9 my -- I remember my brother-in-law lived in the same
10 complex; I called him.
11 Q Called brother-in-law?
12 A Uh-huh.
13 Q What is his name?
14 A Robert.
15 Q Schindler?
16 A Correct.
17 Q And what happened then, who came first?
18 A He was there within minutes, within -- I'm
19 sorry, seconds, because he just lived right around the
20 corner, and as soon as he came up, the paramedics
21 pulled up.
22 Q How long did it take the paramedics to get
23 there?
24 A Four minutes, five minutes; at the most, six,
25 seven minutes.
___
p.105 of MS Depo Med Mal Pt 4 072792
1 Q What did you and Robert do, if anything --
2 A Nothing.
3 Q -- before the paramedics got there?
4 A Nothing we could do. I didn't know what to
5 do.
6 Q Okay. And then what happened? It's my
7 understanding that the fire department got there first
8 and then the paramedics came; do you recall that?
9 A I don't recall that at all.
10 Q Okay.
11 A I'm sorry, yeah, the fire department -- the
12 paramedic fire department --
13 Q Right.
14 A -- got there first.
15 Q Right. And what happened then?
16 A They looked her over and started CPR and --
17 Q Okay.
18 A And I went out and I was just spastic in the
19 living room.
20 Q Were there any medications kept in the
21 bathroom?
22 A None.
23 Q Where did you keep your medications?
24 A In the kitchen cabinet in the little bin we
25 had.
___
p.106 of MS Depo Med Mal Pt 4 072792
1 Q And what medications were present? And you
2 might have mentioned it before, but on that date.
3 A On that date, the Valrelease, the Percocet, I
4 think, or --
5 Q Or Tylenol?
6 A Tylenol, whatever it was.
7 Q Anything else?
8 A Not that I can recall.
9 Q What happened then? How long were the
10 paramedics there, as far as you can recall.
11 administering to your wife?
12 A I don't recall. It was just -- they were
13 there working on her for a while.
14 Q And then what happened?
15 A And then the ambulance got there and they
16 transported her to Humana, and I even think the
17 paramedics went with her.
18 Q Did you then go to Humana?
19 A I went with them, yes. |
M Schiavo Test 11/05/92 p29
4 Q. During that time, up to this time that that had
5 happened, that this incident happened to her, your marriage
6 was a happy one, was it not?
7 A. It was very happy.
8 Q. Since this incident happened, and it happened on
9 February 25, 1990, has her condition, in your observation,
10 from your observation, changed appreciably?
11 A. What condition you talking about?
12 Q. I'm talking about the fact you found her after her
13 heart attack on the floor about 5:00 in the morning on a
14 Sunday morning; is that right?
15 A. Correct.
16 Q. And the paramedics came and they resuscitated her
17 and took her to Humana Hospital; is that correct?
18 A. Correct.
____
M Schiavo Test 11/05/92 p41
12 Q. (BY MR. DEACON:) We have some photos of your
13 wife. When was the last time you saw her before her
14 collapse on February 25, 1990?
15 A. The last time I saw her?
16 Q. yes, sir.
17 A. The 24th.
18 Q. What time of day did you see her on the 24th?
19 A. Late at night.
20 Q. Okay. Would that be when you got off work?
21 A. It was a Saturday night, so probably 11:30, 12:00
22 by the time I got home.
23 Q. Where were you working at that time?
24 A. Agastino's Restaurant.
25 Q. What time did they close the restaurant?
___ M Schiavo Test 11/05/92 p42
1 A. Stopped serving 10:00, and if people were walking
2 in a quarter to ten, they serve them.
3 Q. You recall approximately what time you got home
4 that evening?
5 A. 11:30, 12:00.
6 Q. Your wife up?
7 A. I don't recall if she was up or not.
8 Q. Do you recall whether or not you had any
9 conversation with her that night?
10 A. I might have. I don't remember the conversation.
11 Q. Okay. Would it be fair to assume that you don't
12 recall anything out of the ordinary happening as far as your
13 wife, her condition or anything about her that evening?
14 A. Nothing out of the ordinary, no.
15 Q. She seemed fine to you; is that correct?
16 A. Yes.
17 Q. When was the last time you saw her before you
18 went to bed that night, in other words, when you, after you
19 got off from Agastino's?
20 A. The last time I saw her? Rephrase that question.
21 Q. That was a Saturday, was it, not the 24th?
22 A. Yes.
23 Q. So, she did not work; is that correct?
24 A. No, she didn't.
25 Q. What time did you get up to go to work?
___
M Schiavo Test 11/05/92 p43
1 A. Being it was a Saturday, Friday night I probably
2 got home late, I usually don't get up until 10:00, 10:30.
3 Q. Okay. Do you recall whether or not she was there
4 when you got up?
5 A. No, she usually did her food shopping when I was
6 sleeping.
7 Q. You don't recall seeing her that morning?
8 A. Not that early. |
M Schiavo Direct Test 01/24/00 p38
10 Q Michael, tell me what occurred on
11 February 25, 1990.
12 A I got home late from work that night. I
13 came in the house. Terri woke up. She heard me.
14 I gave her a kiss good night. She gave me a kiss
15 good night. A few hours later, I was getting out
16 of bed for some reason and I heard this thud. So
17 I ran out into the hall and I found Terri on the
18 floor. I knelt down next to her and I turned her
19 over because she sort of fell on her face. On her
20 stomach and face.
21 I turned her over going, "Terri, Terri.
22 You okay?" She kind of had this gurgling noise.
23 I laid her down and ran over and called 911. I
24 was hysterical. I called 911. I called her
25 brother, who lived in the same complex as we did.
____ M Schiavo Direct Test 01/24/00 p39
1 I ran back to Terri. She was not moving. I held
2 her in my arms until her brother got there. I
3 rocked her. I didn't know what to do. I was
4 hysterical. It was a horrible moment.
5 Q Do you know how long it was before the
6 paramedics came?
7 A Had to be a good six minutes or so.
8 Q What happened when the paramedics came?
9 A I moved away. Her brother was sitting
10 in the kitchen around the corner. I moved away
11 and they started working on Terri. They put the
12 leads on. I heard them say she is flat line.
13 Start CPR. I am standing there going what is
14 happening here? Why is this happening? Why isn't
15 her heart beating? I was just a mess. I was
16 hysterical.
17 Q Where did the paramedics take her?
18 A To Humana Northside, St. Pete.
19 Q Did you ride with the paramedics?
20 A Yes. I did.
|
CNN LARRY KING LIVE Interview With Michael Schiavo Aired October 27, 2003 - 21:00 ET
KING: Let's go back. What happened, Michael, on February 25, 1990?
SCHIAVO: I work late at night. I used to run -- manage restaurants. I came home around 2:00 in the morning, climbed into bed.
KING: No children?
SCHIAVO: No children. Terri and I were trying to have children. We were back and forth to a doctor for a year or so, trying to find out why we weren't getting pregnant.
Climbed into bed. Terri said good night to me. Gave me a kiss. She woke up, said good night, gave me a kiss. I gave her a kiss back. I'd say, about 4:30 in the morning, I was, for some reason, getting out of bed and I heard a thud in the hall. I race out there and Terri was laying in the hall. I went down to get her. I thought, Well, maybe she just tripped or whatever. I rolled her over and she was lifeless. And it almost seems like she had this last breath.
So I held her in my arms, and I'm trying to shake her up. I ran over, I called 911. Her brother happened to live in the same complex as we did. I called him. I went back to Terri. And from there, six, seven minutes later, the paramedics...
KING: And the way she is now is the way she was that night?
SCHIAVO: That night she was totally unconscious. |
Isn't that odd? It's like she was dead and then she wasn't but now he wants her to die. ALL THESE MEN IN PINELLAS-PASCO COUNTY WANT HER TO DIE. Do they all get a cut after she's gone or did they already split the winnings.
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