Federal Hearing in Schiavo Case Over. No reinsertion order for Terri's feeding tube.

YES

Violations of Florida Statutes against Terri Schiavo
http://www.zimp.org/

744.3215 Rights of persons determined incapacitated.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&
Search_String=&URL=Ch0744/SEC3215.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203215

(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.

744.2025 Change of ward's residence.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0744/SEC2025.HTM&Title=-%3E2003-%3ECh0744-%3ESection%202025

(1) PRIOR COURT APPROVAL REQUIRED.--A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward's current residence. Any guardian who wishes to remove the ward from the ward's current county of residence to another county which is not adjacent to the ward's current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.

(VIOLATED – Terri Schiavo was moved to a Hospice facility in 2000 by her husband without prior court approval. The Hospice House in question was served by his attorney, George Felos, in the capacity of Chairman up until that same time.)

744.3145 Guardian education requirements

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0744/SEC3145.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203145

(4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 1 year after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar.

(VIOLATED – See Above.)

798.01 Living in open adultery

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0798/SEC01.HTM&Title=-%3E2003-%3ECh0798-%3ESection%2001

Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

(VIOLATED – Michael Schiavo has cohabitated and fathered children with another woman while still married to Terri Schiavo.)
825.102 – Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0825/titl0825.htm&StatuteYear
=2003&Title=%2D%3E2003%2D%3EChapter%20825

(1) "Abuse of an elderly person or disabled adult" means:

(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;

(VIOLATED – Physical injury by denial of simple procedures to alleviate painful contractures of the hands and possible disfigurement because of said contractures. Psychological abuse in denial of company, stimulation, acts of caging.)

(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

(VIOLATED – Intentional denial of treatment for simple infection with the knowledge that doing so would hasten death – 1993.)

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

(VIOLATED – By instructing caregivers not to provide relief of contractures; by instructing doctors not to treat for simple infection.)

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:

(a) Commits aggravated battery on an elderly person or disabled adult;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or

(VIOLATED – Denial of human comfort and spiritual comfort at personal whim. Terri Schiavo is also wrongfully caged, kept confined to a single room and without stimulation or ability to be taken outside.)

(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

(VIOLATED – See above.)

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) "Neglect of an elderly person or disabled adult" means:

1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

(VIOLATED – Denial of treatment of simple infection which would, admittedly, hasten death, removal of food and water, denial of medicine.)

2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

(VIOLATED – The results of a 1991 bone scan, indicating multiple and serious trauma to Terri’s body were never reported or investigated by her husband/guardian.)

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.

(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

825.103 Exploitation of an elderly person or disabled adult; penalties.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0825/SEC103.HTM&Title=-%3E2003-%3ECh0825-%3ESection%20103

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(VIOLATED – Funds that were awarded to Terri Schiavo have been embezzled by Michael Schiavo to pay his legal fees. These funds were awarded to Terri Schiavo as a medical management/rehabilitation settlement and remain her property. Her guardian has all but wasted her entire estate on his own legal pursuits.)

Universal Declaration of Human Rights

Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948

http://fletcher.tufts.edu/multi/texts/UNGARES217A.txt

Article 3

Everyone has the right to life, liberty and security of person.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of the Declaration and against any

incitement to such discrimination.

Article 17

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Other Items/Questions

777.04 Attempts, solicitation, and conspiracy.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0777/SEC04.HTM&Title=-%3E2003-%3ECh0777-%3ESection%2004

877.02 Solicitation of legal services or retainers therefor; penalty.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0877/SEC02.HTM&Title=-%3E2003-%3ECh0877-%3ESection%2002

(2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, or for a person authorized to furnish bail bonds, investigators, photographers, insurance or public adjusters, to communicate directly or indirectly with any attorney or person acting on said attorney's behalf for the purpose of aiding, assisting or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

(Felos/Bushnell’s relationship with Hospice.)

733.504 Removal of personal representative; causes for removal.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String
=&URL=Ch0733/SEC504.HTM&Title=-%3E2003-%3ECh0733-%3ESection%20504

A personal representative may be removed and the letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law:

(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.

(5) Wasting or maladministration of the estate.

Do you think this is the first time a patient has died from having their nourishment withdrawn? ---

No, why would you ask such a silly question?

Are all the people who authorize this for one of their loved ones murderers? ---

Certainly not, why would you ask such a silly question?

It just seems to me that this whole case hinges on what he said she said.

Yes, unfortunately it seems to hinge on that.

You are completely heartless. But you are consistent.

"It's not that hard to fix this problem.".

Jeb Bush or GW can have her removed via exacutive order and have the tube replaced. The doctors, and anyone else involved can be arrested for attempted murder.

Clinton asked no one when he sent the marshals to get Elian out from Jeb Bush's nose. That was when I knew Jeb was a metrosexual...

If it's such a silly quesion, check out the response in #155.

Do you think this is the first time a patient has died from having their nourishment withdrawn? It happens every day.

It shouldn't. Euthanasia is ILLEGAL in this country

Are all the people who authorize this for one of their loved ones murderers?

If their loved one died of starvation and dehydration, yes. Surely you can see that. It's very simple. If they would not have died otherwise, yes, those people are guilty of causing their deaths. They can tell themselves they were "letting them go" or "setting them free", but I don't have to participate in their fantasies or word games.

Again, euthanasia is ILLEGAL. We've got Dr. Kevorkian and a number of "angel of mercy" killers in PRISON for hurrying sick folks out of life before their time. In view of the fact that families are killing other family members by witholding nutrition, should we just let all the convicted go free?

This case is real simple to me. I would have no problem if Terri didn't want to live this way. Unfortunately, the only one she allegedly told was her husband, who BTW, wants her dead. It just seems to me that this whole case hinges on what he said she said.

More than that: does Michael's refusal to allow testing or video recording of Terri in a provably-unsedated condition make more sense if he believes she's PVS, or if he believes she's not really PVS?

IMHO, Michael knows full well that Terri isn't PVS, which is why he restricts access to her by almost anyone whose claims of interaction he can't dismiss as "wishful thinking".

Nurse's reports from before Michael's efforts at starving Terri indicated that she had some ability to speak. If her condition has gone downhill since then, it is almost certainly because of Michael's neglect. Since her condition in 1993 would not justify her execution, if Michael deliberately sandbagged her condition so as to justify it, that would make him clearly and unambiguously responsible for her death. Too bad FR won't let me say what I really think about that [bleep]-[bleep] [bleep]-[bleeping] [bleep]-[bleeping] [bleep]-of-a-[bleep] [bleeper][bleeper].

"Either we believe in the Rule of Law in this country, or we don't."

This isn't "rule of law" you are talking about. It is "rule of lawyers." The greatest leaders have always been those willing to take a moral stand. I elect these people to put it on the line. He isn't really putting it on the line. Both he and his brother, the president, have been armed with the sword by God. They lack the will or guts to use it.

And #167. See what I mean. Some people think there are NO circumstances in which this would be permissable. I'm just getting them to admit it, that's all. And, since it goes on all the time, why does this case engender such attention when it is rather commonplace.

That's a stupid thing to say. How do you know if I'm consistant. I hardly ever post anything and I certainly am on the side of allowing Terri to live.

quesion, check out the response in #155

You can't mean that.... try to concentrate.

The judge is a dem and his stature will only go up in his crowd

Gerard Kogan, the pro-euthanasia former chief justice of the Florida State Supreme court once said this about capital punishment,

You don't dig up a coffin, open up the lid and then tell the [accused person who was wrongly executed], "Oops, sorry. We made a mistake. Just go on home, go on about your business.

How about sharing a little of that mercy with Terri, you judges in Florida?

What have we come to when we're angry with politicians for NOT doing illegal acts?

I want them to STOP an illegal act. Euthanasia. I naively assumed that since that was ILLEGAL here, we would never be in a situation where a judge would order a disabled woman to be killed, on the demand of her husband.

She's not terminally ill. She's only dying now because they are starving and dehydrating her. That is pure murder.

"""""""""""""This case is real simple to me. I would have no problem if Terri didn't want to live this way. Unfortunately, the only one she allegedly told was her husband, who BTW, wants her dead. It just seems to me that this whole case hinges on what he said she said"""""""""

HERE HERE HERE

Michael Schiavo, while Terri was having brain stimulants implanted got into a sexual relationship with her nurse, Cyndi Shook. They met in the California hospital where Terri was being treated. When Cyndi got tired of Michael's aggressive behavior and split up with him, he stalked her for months until he eventually ran her off the road.

In her deposition, Cindy Shook said that, "Michael became furious when I brought up the subject of Terri's condition. He said the situation had robbed him of a normal life." When Shook asked Michael about the couple's "living will" discussions or whether they had ever made other arrangements, she said, "Michael flew into a rage." He screamed, "How the hell should I know, we never spoke about this, my God I was only 25 years old. How the hell should I know? We were young. We never spoke of this." Yet for years, Michael's been claiming that Terri would rather die than be on life support.

From the Larry King show (March 18, 2005) HT:

M. SCHIAVO: Yes, I do. But this is not about them, it's about Terri. And I've also said that in court. We didn't know what Terri wanted, but this is what we want...

It's not euthanasia anymore than disconnectinga respirator is. It is withdrawing the medical measures that are keeping a person alive. If that person, or their representative declares they do not want life supporting measures, who are the rest of us to judge them. People need to get a grip and look at this from the standpoint of the dying who do not wish to be sustained in this manner. Why should they be kept alive against their will?

* bump * good article.

If I'm not getting your meaning, rather than insulting me, how about expalining what you meant?