Statement of Terri Schiavo's Family

My family is so very thankful to the Clearwater Police Department for doing such a thorough and deliberate job with their investigation and for finally proving that these charges were completely baseless. As horrifying as the least six weeks were, I am grateful to the men and women of the Police Department for undertaking their duties seriously and fairly. We are sorry the taxpayers had to pay for an investigation that turned out to be a total waste of law enforcement resources.

We have been banned from seeing Terri for 49 days. Why are we being kept from our own daughter? We have not done anything wrong, the police agreed.

For the past 14 years, my family has endured a hardship that is beyond description. I?m certain that any parent can imagine the horror of such a devastating incident happening to one of your children. It is difficult and heartbreaking to say the least. But what is unbearable is when evil people will go to any length to execute my daughter for their own selfish reasons: They are and will profit financially if my daughter is executed by dehydration and starvation.

My daughter is not in a persistent vegetative state. This is a point that many who have reported on the case in the past simply do not understand. Terri is able to laugh and cry and to respond to us when we visit her. She complies with requests and does her best to please those around her. She has moods. She has good days and bad days - just like you or I. She laughs at my stupid jokes. She cries when we leave. She lights up when she sees her mother. She complains when she is not comfortable. She giggles when her mother plays with her hair. She gets frustrated, happy, tearful, tired, excited - everything you and I do. She just does it in the only way she can. If she were not denied access to the simplest of rehabilitative techniques, she would be in far better shape.

We are very concerned that Terri is receiving sub-standard medical and dental care. Her teeth are rotting and 5 have been extracted. She is not receiving any rehabilitative therapy what so ever. For years we have argued in court that Terri deserves proper medical and dental care, but our pleas have been ignored.

There is no reason for this wonderful young woman to die. With proper medical care and therapy there is hope for Terri. Not only do these people insist on executing my daughter, they are trying to do it as quickly as possible. We ask that families and parents out there show their support by contacting the Florida Supreme Court and urging them not to rush through this case. It is amazing to think that, in America, it is easier to execute someone who has committed no crime than someone who has. Why is my daughter still not allowed to see her mother? She is alive, she is aware, she knows and misses her family. With your help, the truth will be told. Thank you. Bob Schindler Return to Terri's Fight

THIS ACCOUNT OF "PROTECTING" TERRI" RECVD BY EMAIL GAVE ME GOOSEBUMPS...

Saving Terri Schiavo

Audrey xxxxxxxx and Vickie xxxxxxxxx

Human Life Review Winter, 2004

http://www.humanlifereview.com/art_2004_winter_travig.html

At exactly 3:25 p.m. Eastern Standard Time on October 21, 2003, wild screams were heard in a quiet suburban town in central New Jersey and, simultaneously, in a quiet desert community in southern California. Two women were yelling, “We did it; we actually did it! We helped to save Terri Schiavo!” The two women were ourselves, Vickie Travis and Audrey Ignatoff, and we were exhilarated at having been part of the worldwide Internet effort to save the life of the disabled Florida woman whom a judge had sentenced to death by starvation and dehydration.

We had just been listening to a live radio broadcast from the Florida Legislature at the moment when the final vote of the Florida Senate came in, concurring with the House to reinstate Terri Schiavo’s feeding tube, which had been removed by court order six days before.

Make no mistake about it, Terri’s Law represented a great victory, not only for Terri Schiavo and her family, but also for all people concerned with patients’ rights and the quality of health care in America. It resulted from a nonstop worldwide Internet effort that began in the early morning hours of October 11 and continued until the vote came in.

October had been an emotional roller-coaster for Terri’s supporters. On October 10, Judge Richard Lazzara of the Federal District Court in Florida was due to rule on Judge George Greer’s September decision to remove Terry’s feeding tube.

Many of these supporters were so sure the case would be settled in Terri’s favor that they relaxed a bit the week before October 10, and even took the time to produce a video of Terri, using still pictures from her website and some video footage sent from Florida. Thus, when Judge Lazzara stated that the case was not in his jurisdiction, the blow landed all the harder.

The Internet ride had started gaining momentum even before then when “Dawn,” a psychotherapist and mandated abuse reporter who prefers not to be identified, called in to the Highway 2 Health Internet radio program to ask, “Where are the mandated abuse reporters in Terri’s network?” Many states have instituted programs through which suspected child abuse can be reported—by trained “mandated reporters”—and investigated. Some states, of which Florida is one, extend this program to adults who are vulnerable by reason of disability or illness.

In Florida, statute 415.103 addresses this question and permits intervention. Even before Terri’s husband, Michael Schiavo, requested a court order to kill her by withholding food and water, he had, according to nurses and other credible witnesses, refused to let her enter rehabilitative therapy and had even forbidden the use of antibiotics to treat an infection. This, as Dawn put it, “is physically and psychologically abusive and meets criteria for mandated intervention.”

Dawn pointed out that whereas coverage of Terri’s case has focused on right-to-die issues, in fact the real issues at the heart of Terri’s case are about right to treatment and enforcement of this right. She added: “Terri’s moral and legal right to treatment supersedes the guardian’s right to deny same.”

Dawn was intense. “Homicide is not an acceptable treatment modality. . . . It’s not okay to deny treatment to people and then proceed to terminate them because they didn’t get any better, which is essentially what is being contemplated in Terri’s case. What kind of a ‘treatment option’ is this?”

While Dawn, Audrey, Vickie, Highway 2 Health, The Hospice Patients’ Alliance, and many other groups and individuals worked frantically to help Terri, the judicial machinery ground on. As stated above, on October 10 Judge Lazzara ruled that he did not have jurisdiction to protect Terri’s right to treatment. In the early hours of October 11, Dawn meditated and prayed, seeking a way to achieve maximum impact within a very limited timeframe.

Soon she felt guided to intensify the effort she had begun on that Highway 2 Health program to conceptualize the issues as right to treatment and enforced protection of that right when necessary. Some medical professionals believe that the feeding tube would not be an issue today if Terri had gotten proper treatment 14 years ago, when the initial brain injury occurred, and throughout the intervening years.

Now, in October 2003, a three-phase emergency intervention campaign evolved. Dawn soon had help from Christina, Dee, Donna, Kathy, Margaret, and Rebecca from Terri’s Internet prayer pages, and from us, Vickie and Audrey; we all jumped on board to get Phase One in gear within 48 hours.

Phase One was a letter to Florida Governor Jeb Bush asking him to back up the amicus brief that he had filed on October 7. That brief had stated that forbidding oral sustenance is the “deliberate killing” of a human being, which violates the patient’s “right to life” under existing Florida law. Now, after Judge Lazzara’s ruling, Governor Bush was urged to enforce protective measures to assure Terri’s right to treatment, not termination, and he was reminded that there are statutes on the books empowering and indeed requiring him to do so.

The campaign urged people to contact Bush and the media by e-mail, fax, and phone.

On October 13, with no visible sign of life from the governor’s office, Dawn took the intervention up a notch. In Phase Two, she urged people to immediately file abuse reports at the Florida Abuse Hotline re Governor Bush’s failure to enforce Statute 415.103.

On October 15, in accordance with Judge Greer’s ruling, Terri’s feeding tube was removed. Judge Greer had also ordered that she not be fed or given water by mouth, although witnesses testified that she did have the ability to swallow. On October 17, Judicial Watch filed an abuse report and also sent a letter to the Governor about the need to intervene.

Phase Three began on October 18, three days into the deliberate attempt to starve Terri Schiavo to death. Now the focus was further refined, with a specific request to Governor Bush that he address the Judicial Watch complaint. Letters were also sent to the governors of every state, the press, and members of the Florida legislature. These letters pointed out that the Governor of Florida had the power to back up his amicus brief because of laws already on the books to protect the disabled and other vulnerable people.

By this time, an international network known as “Terri’s Angels” had formed, dedicated to working around the clock to save Terri’s life. Jeb Bush could not ignore the tons of e-mails pouring in from all over the world. The numbers ballooned from 27,000 to well over 167,000. In addition, there were faxes and phone calls coming in all day long. In short, public pressure paralyzed the Florida government, which had to do something, and quickly.

Governor Bush issued the following statement, “Today I extended the call of this special session to include legislation that may help in the case of Terri Schiavo. The proposed bill would allow for a stay in cases of withholding nutrition and hydration from patients in situations similar to that of Ms. Schiavo.” The legislature responded and passed Terri’s Law—and not a moment too soon. By the time the law was passed, Terri had had no food or water for more than 6 days. Even Wesley Smith, the tireless anti-euthanasia activist, had been ready to give up. On October 12, he stated in an e-mail to Ms. Ignatoff, “I am at a loss. I fear our only approach now is to hold vigil so our sister does not die alone.”

Terri’s Angels were greatly aided by Ron Panzer of the Hospice Patients Alliance (www.hospicepatients.org), who vigilantly reported all aspects of the case. He was ready to call a worldwide boycott of Florida products and services if Terri’s Law was not passed. His newsletter goes out on the Internet to many subscribers. Many of his Internet articles reached Florida newspapers. The wider media eventually became interested in this story, although they did not report all of the facts accurately.

Peter Kawaja, of Highway 2 Health (www.highway2health.net), ran shows on Terri’s case way before it was covered by Bill O’Reilly, Larry King, and Oprah. In fact, Peter ran a two-hour special on October 1 that included Terri’s father, Bob Schindler, and various activists in the field, including Ron Panzer and Vickie Travis. Vickie suggested that listeners “follow the money trail” to learn why such things happen to Terri and other victims.

Wesley Smith also spoke on Highway 2 Health, calling Terri’s case another step on “the slippery slope from assisted suicide to legalized murder.” With perfect timing, an article by Smith came out in the Weekly Standard on October 21, the very day that Terri’s Law was passed. In it, Smith wrote, “When Terri Schiavo collapsed in 1990, causes unknown, she could have had no idea that 13 years later people the world over would know her name and care very much about whether she lived or died.

Yet what began as a private tragedy—a vivacious young woman stricken in the very prime of her life with a brain injury that left her profoundly disabled—has become a story heard round the world.” Supporters did indeed call in from all over the world, including Canada, England, Australia, Germany, and Israel.

Diane Coleman of Not Dead Yet, a coalition of advocacy organizations for the disabled, went to Florida and joined the vigil. Her organization submitted an amicus brief on Terri’s behalf. In a press release, Coleman stated, “We call upon the courts and medical profession to give Terri Schiavo the full protection of due process of the law before starving her to death and pretending it to be an act of ‘dignity’ and ‘respect for autonomy.’”

The fight to keep Terri alive is still going on. Meanwhile, Terri has been transferred from the Hospice of the Florida Suncoast in Pinellas Park to Park Place of Clearwater, Florida, an assisted-living facility, where she remains on a feeding tube but is not receiving any therapy. Her parents are circulating a petition on the Terri Schindler Schiavo Foundation’s website (www.terrisfight.org) directed toward Florida State Attorney Bernie McCabe, requesting him to investigate Michael Schiavo’s actions with regard to Terri.

Meanwhile, Michael and his lawyer, George Fellos, are still engaged in their campaign to “let her die” because that is “her wish.” (Interestingly, it took Michael fully ten years after Terri was stricken to “remember” that she did not want to live any more if she were disabled.) They are challenging Governor Bush in the courts, saying he interfered with Terri’s “death process” and claiming that Terri’s Law is unconstitutional. Schiavo claimed on national television that “right to life” groups and “right wingers” are behind the fight to save his wife. He also alleged that Terri’s parents want to keep her alive because she makes money for them. In fact, Michael received a very large monetary settlement from his malpractice suit early in Terri’s ordeal.

As for Terri’s Angels, most are not wealthy but have contributed hard work, hope, and prayers. Terri Schiavo is neither in a “persistent vegetative state” nor “comatose.” Her family notes—and they have smuggled camcorders into her room to document their claims—that a person in such a state would not respond to people and objects as Terri does. Many physicians, including neurologists, agree. Sara Green Mele, a speech pathologist, feels that Terri would benefit from speech-language and physical therapies. She states, “Her quality of life would be significantly enhanced.”

Florida’s Advocacy Center for Persons with Disabilities (ACPD) was summoned by the supporters of Terri Schiavo to do their job of protecting Terri by looking into abuses inflicted by her husband, including withholding therapy and keeping her isolated from family and friends. Terri was even denied Holy Communion and Last Rites from her priest, Monsignor Thaddeus Malanowski, before her feeding tube was removed, and a holy medal that was blessed by the Pope was taken away from her.

Michael Schiavo persists in his effort to end his wife’s life, while her supporters doggedly fight to save her. However aware Terri herself may or may not be, she has become the world’s most powerful advocate of patients’ rights and the rights of the disabled, with ramifications affecting the whole health-care system.

Governor Bush and the Florida Legislature had to be pushed, but they should be congratulated for finally acting on behalf of Terri Schiavo and all other disabled people. As the Speaker of the Florida House, Johnny Byrd, put it, “. . . someone needs to be a voice for the voiceless like Terri Schiavo.”

The ride on the Internet was indeed wild. It developed a life of its own that was stronger than any individual or group in the effort to save Terri Schiavo. It was well worth the trip.

Published by: The Human Life Foundation, Inc.

FLORIDUH VOTER SAYS: Don't forget freepers, YOU HELPED SHUT DOWN THE GOVERNMENT ALSO, among many other projects for Terri and her family.

Free Republic had a table at Terri's birthday party with candies, candles, a giant fresh bouquet presented to Terri's mom, a donation can, photographs from day one of the Vigils and Free Republic's Friends of Terri's THREAD LISTINGS which was seventeen pages long.

The recollections of the Human Life Foundation was duplicated by so many worldwide to protect one woman. The ongoing process of protecting Terri teaches us of the value of our lives and reminds us of how irrevocable "liberty" must remain.

Terri's Angel FV

Thought I would re-post the following here in regard to Florida's Tyranical judicial system.

Did FL Judge trash constitution in Terri Schiavo case?

On May 6th, 2004, Judge W. Douglas Baird ruled Terri’s Law is unconstitutional. Baird wrote in his decision that Terri’s Law “is unconstitutional on its face because it is an unconstitutional delegation of legislative power to the Governor and because it unjustifiably authorizes the Governor to summarily deprive Florida citizens of their constitutional right to privacy. In both instances, these are pure question of law that require no evidentiary support under any conceivable circumstance.”

The key word in Baird’s above assertion is “unjustifiably”. Fact is, every member of Florida’s Legislature upon taking their office, took an oath of office and agreed to a prime directive. That prime directive in part requires every member of the Legislature, as well as Florida’s Governor, to protect and preserve the constitutional guarantees of the inhabitants of Florida as enumerated in Florida’s Constitution, one such right being, the protection of life!

The Florida Constitution states in part:

SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty….No person shall be deprived of any right because of race, religion, national origin, or physical disability.

Let us assume for a moment, with regard to Judge Baird’s decision, that the judicial branch of government in the exercise of its power authorized and/or acquiesced so as to allow the depravation of Terri’s rights which are guaranteed by Florida’s Constitution, and, that the depravation of the rights involved may very well have resulted in the court issuing an order to end Terri’s life. Would the Legislature and Governor not then be justified in intervening for the sole purpose of guaranteeing rights which the Constitution already provides for?

Truth is, not only would such an act be justified, but those in the Legislature who are aware of a person’s rights being denied, and having taken an oath to preserve and protect rights enumerated in Florida’s Constitution, would become willing accomplices in the depravation of such rights if they stood idle and not take action to correct the tyranny of the Court.

For Baird to assert there is no “conceivable circumstance” under which Terri’s Law may be justified, one must first assume and/or pretend that the judicial branch of government is incapable of using its force in such a manner as to allow the depravation of an individual’s constitutional guarantees…an assertion which no reasonable person would ever make as there are countless recorded Supreme Court rulings documenting where lower courts have presided over cases in which citizens rights have been denied and abridged.

Therefore, Baird’s premise as he postulates above is patently false on its face because there is a “conceivable circumstance” under which Terri’s Law can be justified, and, the conceivable circumstance is if Terri has been denied constitutional guarantees, and especially if the denied guarantee was a guarantee intentionally meant to protect her from the arbitrary actions of a judge.!

Baird also wrote in his decision that "by substituting the personal judgment of the governor for that of the patient, the act deprives every individual who is subject to its terms of his or her constitutionally guaranteed right to the privacy of his or her own medical decisions."

The assertion by Baird that Governor Bush wants to substitute his judgment for that of Terri, as to whether she lives or dies, is completely false and a misdirection by Baird! The truth is, Florida’s Honorable Governor Bush is on record as calling for a jury to sort the matter out, just as our constitution provides for, and has not suggested he wants to substitute his judgment for that of Terri's. Judge Baird is a liar. See: Jury trial sought to decide what Schiavo wanted

Baird’s statement, that Terri’s Law violates Terri’s right to privacy, suggests to the world that he has communicated with Terri and knows what Terri wants and that Terri wants to die, and the Governor is interfering with Terri‘s wish. But the incontrovertible truth is, neither Baird, Greer, Michael, Felos, or Terri’s parents know what Terri wants, because there is no clear and convincing evidence from her own lips or hand indicating what she wants. There is only the speculative beliefs of those who claim to know what she wants and some have alleged Terri wants to die and have turned to the court to seek the power of the state to end Terri’s life and have spoken for Terri, and Judge Greer acted as judge and jury and agreed with them.

It should also be pointed out that euthanasia just happens to be a crime in the state of Florida, see 782.08, Fla.Stat. (1987). See 765.11(1), Fla.Stat. (1987). So, without having clear and convincing evidence from Terri’s own lips or hand that she now wants to die, tyrants Greer and Baird, and all the other public servants in Florida’s judicial branch of government who have, and are now, assisting in the attempt to euthanasia Terri are guilty of various criminal offenses, and will be guilty of criminal homicide if they succeed in using government force to end Terri’s life.

So, Baird’s decision to strike Terri’s Law down as being unconstitutional on the grounds that Governor Bush has substituted his personal judgment for Terri’s, is found to be based upon Baird’s unsubstantiated assertion that he, as he has accused the Governor of, knows what Terri wants, and he, unlike Florida’s Governor Bush who wants a jury to decide the facts in Terri’s case, would use the force of government to impose what he alleges are Terri wishes, even to the extent of ending her life, rather than err on the side of life as the SCOTUS has suggested is the proper course of action in such cases. The SCOTUS has stated:

“An erroneous decision not to terminate results in a maintenance of the status quo; the possibility of subsequent developments such as advancements in medical science, the discovery of new evidence regarding the patient's intent, changes in the law, or simply the unexpected death of the patient despite the administration of life-sustaining treatment, at least create the potential that a wrong decision will eventually be corrected or its impact mitigated. An erroneous decision to withdraw life-sustaining treatment, however, is not susceptible of correction. In Santosky, one of the factors which led the Court to require proof by clear and convincing evidence in a proceeding to terminate parental rights was that a decision in such a case was final and irrevocable. Santosky, supra, at 759. The same must surely be said of the decision to discontinue hydration and nutrition of a patient such as Nancy Cruzan, which all agree will result in her death.” CRUZAN CASE

So, the truth is, Governor Bush and Florida’s Legislature have done nothing more than err on the side of life as suggested is the proper course of action by the SCOTUS. Baird, on the other hand, is willing to end Terri’s life without her knowing or willing consent.

It is also interesting to note that Baird, in his decision, dwells upon the “separation-of powers” doctrine to claim Terri’s Law is unconstitutional, because it is a “…delegation of legislative power to the governor.” But Baird conveniently forgets the separation of powers doctrine also applies to the assigned duties of judge and jury, and that Judge Greer improperly acted as judge and jury in a case in which a person’s constitutionally protected right to life was at issue, and Judge Greer, rather than a jury, evaluated evidence asserted to be Terri’s wishes, and in doing so Terri was deprived the protection of a jury whose constitutionally assigned duty is to evaluate the flimsy evidence used by the court to declare she wants to die.

The reality is, Baird is quite willing to ignore the separation of powers doctrine when it suites his personal whims and fancies and when it comes to the assigned duties of judge and jury in evaluating evidence alleging what Terri’s wishes are. And just what are the assigned duties of judge and jury as stated by the SCOTUS?

“The trial was thus conducted upon the theory that it was the duty of the court to expound the law, and that of the jury to apply the law as thus declared to the facts as ascertained by them. In this separation of the functions of court and jury is found the chief value, as well as safety, of the jury system. Those functions cannot be confounded or disregarded without endangering the stability of public justice, as well as the security of private and personal rights.”

See: Sparf v. United States, 156 U.S. 51, 106, (1895) Also see Justice Byron White in in Taylor v. Louisiana, 419 US 522 , 530 (1975) "The purpose of a jury is to guard against the exercise of arbitrary power -- to make available the commonsense judgment of the community as a hedge against the over-zealous or mistaken prosecutor and in preference to the professional or perhaps overconditioned or biased response of a judge."

Terri’s right to the protection of a jury was waived without her knowing and willing consent

SECTION 9. Due process.--No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

And what due process is guaranteed to Terri in a case in which the state is called upon to end her life?

SECTION 22. Trial by jury.--The right of trial by jury shall be secure to all and remain inviolate.

There is no provision in Florida’s Constitution to allow Terri’s right to the protection of a jury to be waived without her knowing and willing consent. But, the Judicial Branch of Florida’s government [Baird, Greer, etc.] along with an interested party, Michael, have abridged Terri‘s right to the protection of a jury whose constitutionally mandated duty is to evaluate evidence concerning what Terri allegedly wants.

Unfortunately, in Terri’s case, there is no written instruction as to what Terri would now want. Some have alleged she wants to die and have sought to use government force to end her life. But, under our system of government, the force of government is controlled and regulated by a constitution, and that constitution guarantees the protection of a jury to help sort the matter out.

And why should this not be the case? If the state is called upon to end a person’s life, and such a request is granted, is it not true that the state has acted in the name of the people? And if this is true, that the state acts in the name of the people in issuing an order to end a person‘s life, should the people not be included in the judicial process as provided by our constitution and to act as a “hedge against the over conditioned or biased responses of a judge“?

In summary:

Baird’s decision to strike Terri’s Law down as being unconstitutional assumes that Terri’s constitutional guarantees have not been violated by the Court; that she has no right to the protection of jury in a case in which the state is called upon to end her life; that a judge may act as judge and jury and evaluate evidence alleging what Terri’s wishes are and arbitrarily conclude Terri wants to die; that an interested party may waive her right to the protection of a jury without her knowing and willing consent; that a governor and state legislature may not intervene if the judicial branch of government becomes tyrannical in its duties and deprives an individual of their constitutional guarantees; and lastly, Baird would have the world believe that Terri’s Law is unconstitutional because he has somehow consulted with Terri and she has verified to him that she wants to die and Terri’s Law violates her personal privacy and desire to die.

Governor Bush’s attorney, Ken Connor, has stated on "On the Record with Greta": “We’ll go to the Florida Supreme Court, and if the Governor isn’t afforded an opportunity to try this case before a JURY, we’ll try to go to the U.S.Supreme Court……mister Schiavo and mister Felos are terrified of trying this case before a jury….” And why are they terrified of trying this case before a jury? Why would anyone object to allowing a jury evaluate the evidence that Terri wants to die? If the evidence is there, let the people do their part and evaluate such evidence, which is asking for nothing more than what our constitution provides for.

John William Kurowski, Founder

American Constitutional Research Service

[Permission is hereby given to reprint this article if credit to its author and the ACRS appears in such reprint. No copyright is claimed for quotes within the article which are public domain materials.]

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