Police 'Showdown' Averted ['Team of State Agents Were En Route to Seize Terri']

Miami Herald ^ | Sat, Mar. 26, 2005 | CAROL MARBIN MILLER

[West Coast Conservative]

Hours after a judge ordered that Terri Schiavo was not to be removed from her hospice, a team of state agents were en route to seize her and have her feeding tube reinserted -- but they stopped short when local police told them they would enforce the judge's order, The Herald has learned.

Agents of the Florida Department of Law Enforcement told police in Pinellas Park, the small town where Schiavo lies at Hospice Woodside, on Thursday that they were on the way to take her to a hospital to resume her feeding.

For a brief period, local police, who have officers at the hospice to keep protesters out, prepared for what sources called ``a showdown.''

In the end, the squad from the FDLE and the Department of Children & Families backed down, apparently concerned about confronting local police outside the hospice.

''We told them that unless they had the judge with them when they came, they were not going to get in,'' said a source with the local police.

''The FDLE called to say they were en route to the scene,'' said an official with the city police who requested anonymity. ``When the sheriff's department and our department told them they could not enforce their order, they backed off.''

The incident,known only to a few and related to The Herald by three different sources involved in Thursday's events, underscores the intense emotion and murky legal terrain that the Schiavo case has created. It also shows that agencies answering directly to Gov. Jeb Bush had planned to use a wrinkle in Florida law that would have allowed them to legally get around the judge's order. The exception in the law allows public agencies to freeze a judge's order whenever an agency appeals it.

[nopardons]

You are correct; sadly.

This all has now reached the level of blind hysteria ,for some here.

[recalcitrant]

national guard... several months ago.

and legal battles for the rest of his second term...

bush & co. ain't got the balls for this stuff...
if they did, it would have been a done deal...

congress said to reagan... "no money for fighting the communistas in S.A.... ortega is our buddie..." Reagan said, "I will get my money elsewhere, to finance the contras..." and W's daddio oversaw the op. End of story, end of ortega, end of panama's strong man noriega...

were bush the reaganesque leader we have appplauded, this would have been handled.
over and out.

He's not. It's not. And it's a mess.

THIS is what happens when WE look to our leaders as 'saviors' of any kind, or our Government, as some kind of 'justice of God' dispenserial device. It's not.

NONE of this should have ever gone this far to begin with. Government cannot save anyone or anything.
That's the lesson we have to take from this.
Government is a piss poor savior.

[Monterrosa-24]

Holding to chivalry would mean that one would not be deterred from saving a woman in distress. The timing was right for a confrontation. If the agents had told the locals that they were prepared to overcome them then the locals would probably have blinked.

To paraphrase YOUNG FRANKENSTEIN'S constable, "A gunfight is a terrible thing but it is about time we had one.".

If I could go there as anything other than a Jack Ruby I would do it. Even if I had enough time to get 100 rednecks together, I would go and face prison for it. It is a stain on me and on us that only children tried to get past the fat gut "lawmen" there.

[Antoninus]

let me ask you....who decides which laws are immoral and which ones are OK?

So you think starving an innocent disabled woman to death is somehow "moral" then?

[Just mythoughts]

".....being a Christian I can say I may not even want the Christian "right" deciding that all the time....not flaming you..but I"m trying to keep my subjective emotions from scrambling my hopefully objective logic."

What does Christian mean? What is that standard? Follow Him, and one will not fit in the 'right' nor the left. History tells the story that the majority was never on the right side. Even though Christ Himself told Peter to 'fish' from the RIGHT side, and Peter was not fishing for fish.

[NorCalRepub]

I read this post to you from politicket and just had to shudder....Bush is now being accused of turning his back on God......and people wonder about the religious "right"...hell, I'm a Christian and raised that way but this kind of talk is just like giving ammo to the enemy.....like you said on another post.......this is getting too far out of hand.......

[Antoninus]

That's very true, but a GOP that consists of only the Religous Right is a permanent minority party.

Better that than "cheap democrats."

[TAdams8591]

If Jeb or the president would just use the full power of their office, we would win this one.

[NJ_gent]

"In this situation they should have stood aside and follow the will of the people."

The will of what people? The people on FreeRepublic? This isn't an issue where 99.9% of the people believe one thing and a small band of lunatics believe another. The police are attempting to keep order and enforce what, so far as they can tell, is a lawful judicial order.

[Melas]

But they're still part of the Executive branch of government.

Actually, that's not true either. Sheriff's and sheriff's deputies are actually part of the judicial branch. The Sheriff is an officer of the court.

[Texas Deb]

I hate to say it, but short of massive political pressure at the county level, I don't see any more legal options for Jeb and company. At some point there needs to be a strategy for ensuring that Terri's passing doesn't go unremembered or unpunished.

1. Is this judge appointed or elected? If he is elected, when is he next up for reelection? What is the voter breakdown in that county (that is, how realistic is removing him?) Just how difficult can this judge's life become?

2. Is there evidence to show possible criminal wrongdoing on the part of MS and/or other interested parties? I don't mean pipe-dream nonsense, but actual evidence. I'd settle for a nice, long trial that made his life h*ll and made him burn up the ill-gotten gains from the malpractice suit. The SOB shouldn't be allowed to spend it on a house/car/vacation.

Any other suggestions?


I think this judge was just recently elected, from what I have read, and I have heard he is a conservative Republican, but I don't know the breakdown of the county and how he can be removed. I hope Congress will hold him in comtempt of Congress, but I think he'll probably even get a pass on that - probably some loophole in the law or something.

There is an article here that talks about possible Medicare/Medicaid fraud that might have been committed by Felos and MS in regard to placing Terri in a hospice - something about fraudulent or incomplete certification that they filed. The article is here:

http://www.theempirejournal.com/03080534_medicaid_medicare_fraud.htm

I hope he ends up being investigated for many other things as so many things have been talked about as possible areas of investigation, but where this will all go, I have no idea. I'm sure he'll profit from a nice big fat book deal and a movie deal down the road and that makes me sick to think about, but we best be prepared, as I'm sure it's coming.

As for other suggestions - we have to help Bush get his judicial nominees through - we have to stay on the Senators' butts.

[FR_addict]

RIGTH TO LIFE IS A FEDERAL RIGHT GUARANTEED BY THE CONSTITUTION.

DUE PROCESS IS NOT A TWO BIT DICTATORIAL JUDGE IN FLORIDA DECIDING THAT TERRI MUST DIE.

[jpsb]

"et me ask you....who decides which laws are immoral and which ones are OK?.."

Thou shalt not murder. I think that is even egraved on the walls of the SCOTUSA.

[HiTech RedNeck]

I *could* quote my devout Presbyterian friend, "Free will is a term found nowhere in the bible."

On a more reasonable look, there are two parallel levels, God's sovereignty and man's responsibility. Only God knows quite where and how they meet.

But the bible is clear by explicit statement -- not by human argument from God's sovereignty -- that all government must answer to God himself. Greer will not have the excuse of umpty ump appeals courts and his own reading of Florida statutes when God's angels haul him before God's throne. God will ask Greer, "Why did you participate in killing Terri Schiavo?!" Similarly, God will ask George and Jeb Bush, and the wimpy compromisers in the Florida legislature and the Congress, "Why didn't you save Terri Schiavo?!"

[timburton]

>>>>"Mulberry v. Madison?

Are you sure it wasn't Mayberry vs. Madison?<<<

Crap, you're right. Long day, and have to get up in 4 hours for a flight.

[Jimbaugh]

Take a look at this "Political Corruption" and the Cops just stand and do nothing. Pay no attention to the man behind the curtain.


Political corruption alleged in Schiavo case
Criminal probes reportedly shut down despite investigators' concerns

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Posted: March 26, 2005
1:00 a.m. Eastern


By Diana Lynne
© 2005 WorldNetDaily.com

As Terri Schiavo enters what are thought to be her last hours of life, allegations of political corruption and obstruction of justice on the part of state officials raise questions as to whether the brain-injured woman's court-ordered death by starvation might serve to cover up crimes committed against her.

Criminal probes launched by two Florida agencies looking into allegations the incapacitated woman was abused, neglected and exploited were reportedly shut down, despite investigators' concerns.

One investigation took place at the Department of Children and Families, or DCF, in late 2001. The other was conducted by agents with the Florida Department of Law Enforcement, or FDLE, in August 2003.

The individual whose 700-page anonymous complaint prompted the DCF to conduct a 60-day investigation into numerous alleged violations of state statutes protecting disabled and incapacitated people tells WND the DCF investigator gave him the impression he thought the allegations were credible and he was sorry the probe got aborted by his superiors.

The complainant, who wishes to remain unnamed, tells WND he spent numerous hours over a period of several weeks working with the DCF adult protective services investigator after filing his complaint in November 2001.

"It was clear to me that he found credibility in most, if not all, the charges," the complainant said of the investigator.

But when the investigator turned his report in to his superiors, he reportedly hit a brick wall.

"It went up the ladder. It crashed. The report findings were marked 'Unfounded but With Recommendations,'" the complainant recalls the investigator telling him. When the complainant expressed disbelief at the outcome and asked what "with recommendations" meant, the investigator became tight-lipped.

"I've said too much. All I can say is keep up the fight," he said.

At the time, DCF attorney Frank Nagatani publicly declared: "DCF is not going to get involved until this is out of the court."

Shortly afterwards, Pat Anderson, the attorney representing the Schindler family at the time issued a subpoena to the investigator to find out what went on at DCF. During a hearing held by Greer on Jan. 23, 2002 over Michael Schiavo attorney George Felos' motion to quash the subpoena, Greer reportedly indicated he was familiar with the DCF report. He ruled in favor of quashing the subpoena and nothing came of the DCF report.

Curiously, an anonymous person at DCF mailed a box, presumably containing the hefty complaint, back to the complainant in September 2003. The outside of the box was marked: "You may need this. It was scheduled for destruction."

The DCF complainant suspects a changing of the guard may explain the social services agency's recent attempted intervention in the case.

Greer ruled earlier this month he would hear a DCF petition containing 34 pages of new allegations of "abuse, neglect or exploitation" the agency said came through its anonymous abuse hot line between Feb. 18 and Feb. 21. The accusations include failure to investigate experimental medical procedures, denial of legal counsel, lack of communication and visitation and lack of therapy.

The 11-page confidential document supplied to attorneys references the earlier aborted investigation.

"There are allegations that DCF has investigated that have been closed as unfounded. While the DCF stands by its past decisions, it nevertheless reserves its rights to review any updated or relevant information in the full fair and final determination of this matter given the totality of the circumstances," reads the court petition.

Anticipating Greer's repeated rulings, dismissing the allegations as old news, the petition states: "The court's determination that it has reviewed some or all of these facts does not relieve DCF from discharging its investigative duties."

The motion is signed by Adult Protective Investigations Supervisor Michael Will and and DCF attorney Kelly McKibben.

Felos said the DCF's attempt to intervene in the case "reeks of political arm-twisting."

On Wednesday, Greer dismissed the DCF's motion for a stay of his court order to remove the feeding tube, carried out at the request of Terri Schiavo's estranged husband March 18.

As first reported by the Empire Journal, two FDLE agents looked into accusations Terri Schiavo was battered by her husband prior to her mysterious collapse on Feb. 26, 1990, and has been the victim of abuse and neglect at nursing homes and hospice ever since.

WorldNetDaily has obtained a heavily redacted copy of the FDLE report filed by agent Terrell Rhodes that indicates an investigation was launched Aug. 10, 2003 after special agent Mark Dubina received information regarding a criminal complaint from Anderson.

The basis of Anderson's request, according to the report, was the discovery of a nuclear imaging bone scan performed on Terri Schiavo by Dr. W. Campbell Walker at Manatee Memorial Hospital on March 3, 1991 – 13 months after her collapse.

WorldNetDaily reported the bone scan report describes what are known as "hot spots" suggestive of multiple fractures in her ribs, first lumbar vertebra, several thoracic vertebrae, both sacroiliac joints, and both knees and ankles, all deemed "presumably traumatic" by Walker.

"The patient has a history of trauma," writes Walker. "The presumption is that the other multiple areas of abnormal activity ["hot spots"] also relate to previous trauma."

WND reported, Felos called the report, and its associated allegations of abuse "garbage." Citing medical records, he told WND a follow-up X-ray done to verify the cause of the "hot spots" showed "degenerative bone disease, not multiple fractures ... and only showed a minor fracture in the femur."

The Empire Journal, quoting anonymous sources, reports that when Dubina opened a file into the case, he was called into his supervisor’s office and told to shut down the investigation not once, but twice.

Dubina and another agent have reportedly contacted the current attorneys representing the Schindlers and given statements detailing the "cover up" by FDLE superiors, which they suspect was ordered by Bernie McCabe, state attorney for Pinellas and Pasco County.

Calls to Dubina and the Clearwater office of FDLE where the investigation was initiated were not returned.

The report indicates the findings of the investigation were reviewed by Regional Director Lance Newman, Investigative Chief Moses Jordan and Special Agent Supervisor Troy Walker and then a final decision was made that FDLE would not continue the investigation primarily because "any criminal violation that might have occurred would have been within the city of St. Petersburg" and therefore out of FDLE's jurisdiction.

The other reasons cited were:

"No indisputable evidence was identified that could justify a case for charging Michael Schiavo with physical, domestic abuse"

"It would not be possible to prosecute Michael Schiavo of a crime if the allegation could be proven due to the statute of limitations of criminal proceedings under Florida State Statute 775.15."

The Bradenton Herald reports McCabe himself reviewed some of Terri Schiavo's medical records but found no evidence of abuse. He also noted that even if there was abuse, the statute of limitations had expired.

The Tallahassee-based Advocacy Center for Persons with Disabilities, the state-appointed organization that monitors the treatment of disabled adults also attempted to investigate the abuse allegations but said it was blocked by Michael Schiavo, who denied the group permission to examine his wife.

The allegations investigated by DCF have been raised repeatedly – and unsuccessfully – in motions filed by the Schindlers seeking the removal of Michael Schiavo as their daughter's legal guardian.

Among the neglect and abuse complaints is that Michael Schiavo:


Has not allowed therapy or rehabilitation since late 1992.

Has prevented swallowing tests or swallowing therapy since 1993.

Ordered caretakers not to clean Terri's teeth since 1995, resulting in removal of five teeth in April 2004.

Placed Terri in hospice in 2000, despite the fact she is not terminally ill.

Refuses to allow Terri to leave her room. She has not been outside since 2000.

Ordered doctors not to treat Terri when she had a life threatening infection in 1993 and 1995.
Former caregivers filed affidavits with the court claiming Michael Schiavo withheld medical care and rehabilitative therapy from his wife and indicated he wanted her to die.

In her sworn deposition, certified nursing assistant Heidi Law said she and a co-worker secretly disobeyed Michael Schiavo's orders and gave Terri range of motion therapy behind closed doors.

"I and Olga would give Terri range of motion anyway, but we knew we were endangering our jobs by doing so," Law wrote. "We usually did this behind closed doors, we were so fearful of being caught. Our hearts would race and we were always looking out for Michael, because we knew that, not only would Michael take his anger out on us, but he would take it out more on Terri. We spoke of this many times."

Law, who cared for Terri Schiavo at the nursing home where she resided from March to mid- 1997, also detailed instances when Terri swallowed liquids and Jello.

"At least three times during any shift where I took care of Terri, I made sure to give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. I personally saw her swallow the ice water and never saw her gag," Law wrote. "On three or four occasions I personally fed Terri small mouthfuls of Jello, which she was able to swallow and enjoyed immensely. I did not do it more often only because I was so afraid of being caught by Michael."

The caregivers reported hearing Terri Schiavo say "mommy," "pain," and "help me," and say the notes they kept of her progress were consistently deleted from her file.

Michael Schiavo has repeatedly and strenously denied allegations of abuse and neglect. Felos calls the caregivers' testimony and "garbage" and total "fabrication."

For backround on the 15-year saga, read "The whole Terri Schiavo story."

Editor's note: WorldNetDaily has been reporting on the Terri Schiavo story since 2002 – far longer than most other national news organization – and exposing the many troubling, scandalous, and possibly criminal, aspects of the case that to this day rarely surface in news reports. Read WorldNetDaily's unparalleled, in-depth coverage of the life-and-death fight over Terri Schiavo, including over 150 original stories and columns.

---

Court documents and other information are posted on the Schindler family website.

Links to all "Terri briefs" regarding the governor's defense of Terri's Law are on the Florida Supreme Court website, public information.

---

Diana Lynne is a news editor for WorldNetDaily.com.

[NorCalRepub]

I was discussing with the other fine fellow about the orders of the state agents to try and take Terri....and to answer your question, the orders for Terri are undeniably legal......morality it seems is being judged my you

[TAdams8591]

You got it!

[Antoninus]

So police officers should kill other police officers to try and save this woman's life. Odd how pro-life and pro-death can intermingle so readily...

You'd have to be looney to think it would play out this way. The police at the hospice would have stood aside.

This was a poker game and Jeb had four kings in his hand. He folded.

[samantha]

Probably Ed Stack from Broward Co.