Governor Jeb Bush files Amicus Memorandum in the case of Terri Schindler-Schiavo http://www.terrisfight.org/100603ab.html --- Amended, Corrected, E-mail of the E-mail sent out on Friday in which I was promised a personalized response addressing concerns raised: From: Juan Schoch - juan.schoch@convergys.com To: jeb@myflorida.com 10/03/2003 03:48 PM Subject: Complaint re: Sept. 30th Terri Schiavo Update coming from your office in your name This amended, corrected communication is dated Oct. 6th. I am sending you this corrected communication via e-mail as well as fax: The "Terri Schiavo Update" e-mail was received by me on Sept. 30th at a different e-mail address (pc93@bellsouth.net. Note: I do have the original e- mail) than the one I responded from on Oct. 3 (see above). Your e-mail "Terri Schiavo Update" of Sept. 30th arrived from your e-mail account (Governor Jeb Bush, jeb@myflorida.com) with the message body indicating that it was coming from the Office of Citizens Services, one Lauren O'Connor. I personally spoke with Lauren and she indicates that although her name is in the e-mail message body as coming from her (or your Office of Citizens Services) she collaborates with your legal team. I am very concerned about the e-mail in that it was sent out on Sept. 30th and is false to facts and is in no way an "Update" on the Terri Schindler Schiavo case as the subject indicated -> Terri Schiavo Update. Where is the accountability? Whatever is coming out of your office should not be false to facts. Included here is the message body of the e-mail and I will comment as to what I take exception to and I would ask you to help me understand why this was sent out on Sept. 30th. If you are really concerned about the welfare of Terri Schindler Schiavo then please help me understand why this is coming out of your office at this time with false to facts statements not only being sent out to Florida residents but over State lines to other States in our United States of America (might I also add the world). Lauren indicated that I will not receive a form letter in response to this e-mail and that I can expect an e-mail back addressing the issues of which I take exception and any other concerns raised: begin message body Thank you for your e-mail expressing concern for the well being of Theresa Schiavo. The Governor also is concerned for her and for her family and is keeping them all in his prayers. The case represents a tragic situation of family disagreement under very trying circumstances. This office has made several inquiries with agencies responsible for investigating abuse allegations. Neither the Pinellas County Sheriff's Office nor local law enforcement agencies have received or investigated any reports of abuse of Mrs. Schiavo. The office of the state attorney for the Sixth Judicial Circuit, Bernie McCabe, reviewed the matter and found no basis for any criminal investigation. In keeping with Florida law, our court system oversees the well being of incapacitated adults, including the oversight of guardians and their activities. A Florida court appointed Mr. Michael Schiavo as his wife's guardian more than 12 years ago. In this role, he has been under the supervision of the probate division of the state court system. Critical decisions related to guardianship, including the decision to terminate life support, must be approved by the court. Mr. Schiavo obtained such a court order to remove his wife's feeding tube. Mrs. Schiavo's parents have appealed that order, and the court has postponed the removal of her feeding tube until the Florida Supreme Court reviews the case. In Florida, these matters are entrusted to the system that our elected officials established to protect incapacitated adults. We must respect that system and trust the judge will listen to the views of all interested family members before reaching a decision in the best interest of Mrs. Schiavo. It is never easy to make a life-and-death decision for a loved one. Under Florida law, residents can indicate in advance how they want to be cared for should they become unable to express their wishes. The Governor supports the use of advance directives or living wills. These tools ensure Floridians will be cared for in the manner of their own choosing and save their families the anguish of having to make these decisions for them. For more information on advance directives, please visit these websites: Aging With Dignity -- Five Wishes Advanced Directive <"agingwithdignity.org/> American Bar Association Commission on Law and Aging <"www.abanet.org/aging/toolkit/home.html> Sincerely, Lauren O'Connor Office of Citizens' Services end message body I take exception to that contained in the following portions of the above e-mail as it is false to facts and is nothing more than misrepresentation. See my comments in between the brackets: Neither the Pinellas County Sheriff's Office nor local law enforcement agencies have received or investigated any reports of abuse of Mrs. Schiavo. [Fact: From Affidavit of Patricia Fields Anderson, Esq. dated September 8th, 2003. 17. On Sunday morning, August 31, 2003, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances.] Critical decisions related to guardianship, including the decision to terminate life support, must be approved by the court. Mr. Schiavo obtained such a court order to remove his wife's feeding tube. Mrs. Schiavo's parents have appealed that order, and the court has postponed the removal of her feeding tube until the Florida Supreme Court reviews the case. [Fact: On Sept. 30th the court had not postponed the removal of Terri's feeding tube and the Florida Supreme Court was not reviewing the case. On Sept. 11th, after the Florida Supreme Court shirked their responsibility to a conscious, cognizant (read: not "PVS") resident of Florida, (in which an attempt is being made on her life by termination of her feeding and hydration by a "husband" who has nothing more than criminal intentions and not Terri's best interests at heart and an out of control criminally negligent state court system [at least in this case]), Pinellas-Pasco County Judge George Greer deferred ruling on termination of feeding and hydration until the next week at which time he basically issued Terri's death warrant. It was obvious that Judge Greer postponed ruling in the case because of the showing that day of people who are concerned about Terri's well-being. I was one of those people. I drove all the way from Orlando to Clearwater to be a witness to so-called justice. He gave the appearance that justice would be served by deferring the ruling and acknowledging that Terri is a human being. At this Sept. 11th court hearing affidavits which were already in Federal court records were entered into the State court records. Some of these affidavits were of an RN, nurses assistants and or caregivers etc. who were themselves prompted to come forward after your fax letter sent to Judge Greer became known in the press. The affidavits were entered into the record at that time by Attorney Patricia Anderson. Also in state court records is information (including a Motion to Disqualify Judge) which was entered before Sept. 11th asking Greer to step down because of impropriety in the case. Through this information it was shown that Greer was biased in the case and actually broke the law by talking about the case to other people (including the press in which he was talking about decisions he was going to be making in the case) without attorneys from both parties being present. Greer spoke to the Sheriff of Pinellas-Pasco County (Everett Rice) at a baseball game indicating his displeasure at your fax to him. This was opposite from what he indicated to the press that he respected the communication because you are the Governor. Also at this impromptu press meeting in his chambers this is where he illegally stated that he is not inclined to appoint a guardian ad litem, again anent your communication that he should appoint a guardian ad litem in the case and err on the side of life. Also Sheriff Rice after talking to Greer (after his slip of passing Greer's comments at the baseball game to Attorney Anderson) was influenced by Greer or took it upon himself to call Patricia Anderson back and lie about the fact that Greer spoke to him and told him about his displeasure at a baseball game and that it was the other way around - that Sheriff Rice was the one who voiced his displeasure. This is a bald-faced lie and considering the facts of the matter he tried to cover up that Greer actually was breaking the law by speaking to others without both parties being present and that he had passed this information unthinkingly to Patricia Anderson who had contacted him in regards to the matter of that contained in the affidavits from the nurses, etc. I think it is important enough to include Patricia Anderson's affidavit of Sept. 8th, 2003: STATE OF FLORID (should read FLORIDA) COUNTY OF PINELLAS AFFIDAVIT __________ BEFORE ME the undersigned authority personally appeared PATRICIA FIELDS ANDERSON, ESQ. who being first duly sworn deposes and says: 1. My name is Patricia Fields Anderson, I am over the age of 18 years of age, and otherwise sui juris. I make this affidavit on personal information and penalty of perjury. 2. I am counsel of record in the Guardianship of Theresa Marie Schiavo, now pending before Hon. George Greer in Pinellas County. In that case I represent Robert and Mary Schindler, parents of the ward. 3. Late week before last, I obtained affidavits from three former caregivers of the ward, when she resided in local nursing homes. Two of those affidavits - Carla Sauer Iyer and Heidi Law - contain statements indicating that the ward's husband / guardian, Michael Schiavo, may have made overt attempts on his wife's life when she was residing in Palm Gardens nursing home before being placed in Hospice Woodside, where she now resides. 4. Over the Labor Day weekend just past, on Friday, August 29, 2003, Page 1 of 13 the ward was once again discharged from Morton Plant Hospital. Previously she had been discharged from Morton Plant on August 21 and re-admitted on August 24 in a septic condition with a high fever. Obviously, she was not well enough for discharge on August 21, but Mr. Schiavo ordered it. Then, on Monday, August 25, with the ward re-admitted to the hospital with sepsis - a description given by Mr. Schiavo's counsel, George Felos, Esq. - Mr. Schiavo filed an emergency motion to discontinue treatment for her. 5. On Tuesday morning, August 26, 2003, at approximately 9 a.m., my office received a phone call from Judge Greer's judicial assistant, clearing a time for a telephonic hearing for 1 p.m. later that day to set a time to hear Mr. Schiavo's emergency motion. At about 9:30 a.m., my office received a telefaxed letter, signed by Governor Jeb Bush, to Judge Greer requesting that Judge Greer appoint a guardian ad litem in the case. 6. During the 1 p.m. telephonic hearing, Judge Greer ruled that the matter of discontinuing medical treatment for the ward was not appropriately presented to the court by motion but should be presented by formal petition, with the attendant formal notice. Thus, Judge Greer, in effect, Page 2 of 13 rebuffed Mr. Schiavo's request not to treat the ward's medical condition, but Mr. Schiavo had made plain his intention that he wanted his wife to die right away. I know that reporters for the local media were present in Judge Greer's chambers during the telephonic hearing. 7. Both the Tampa Tribune and the St. Petersburg Times printed stories about the Governor's letter the following day, Wednesday, August 27, 2003. Both of those news stories attributed similar statements to Judge Greer that he did not make during the telephonic hearing. The local electronic media also carried stories about the case, as well. One of the local electronic outlet attributed a statement to Judge Greer was that he was "not inclined" to appoint a guardian ad litem for the ward, a matter of grave concern to me and my clients and a matter presently pending before Judge Greer. A copy of the transcript of the telephonic hearing was previously attached to the Motion to Disqualify Judge and is incorporated herein. 8. Specifically, the only mention on the record of the Governor's letter appears on Page 18 of the transcript: I also, and I assume everybody know that, I received a faxed letter from the Governor today. He is asking certain things. What I Page 3 of 13 intend to do with that letter is file it as I have done with other correspondence. It will be in the Court file. 9. The St. Petersburg Times reported that Judge Greer said, "I respect the Governor's position. Beyond that, (his letter) is going in the court file." The Times also reported "Greer said higher courts have mapped out how the case must proceed, and decisions by those courts don't call for further delay." The Times reported "Greer said he wasn't engaged in a 'popularity contest.' 'I don't go out on the street and survey how I'm supposed to rule.'" These statements were not made on the record, with counsel for the parties present. 10. The Tampa Tribune, similarly, reported that Judge Greer said "I read [the request from Bush] because it came from the Governor and I respect his position... Beyond that, it is going in the file." The Tribune reported "But appeals courts have already looked at the guardian issue and decided that Greer fulfills that role, the judge said Tuesday. Also, Greer said, he is under specific orders from the 2nd District Court of Appeal to schedule the removal of Schiavo's feeding tube." These statements were not made on the record, with counsel for the parties present. Page 4 of 13 11. In reading the newspaper stories and watching and listening to the electronic reporting, because of the similarity of the statements attributed to Judge Greer in both of the local newspapers and the local television and radio newscasts, it was apparent to me that Judge Greer must have made comments about the case after the conclusion of the hearing and while the reporters were still present. These comments were of more than an informational nature and indicated a predisposition to rule against the Schindlers' Petition for Immediate Therapy. 12. On Wednesday or Thursday, I learned from a local reporter that, in fact, the reporters stayed in Judge Greer's chambers after the conclusion of the telephonic hearing for some period of time, asking him questions and recording his responses. It is my firm conviction that Judge Greer, in effect, held an impromptu press conference about the merits of a case pending before him, without counsel for the parties being present. 13. I know for a fact that Judge Greer on more than one occasion has spoken directly and privately to a local news reporter about this case, Page 5 of 13 on the telephone. For example, in the summer of 2002, on the afternoon of July 10, after the conclusion of a lengthy hearing in the case during which medical testimony was received by the Court, Judge Greer told the reporter that certain testimony "made the hairs on the back of my neck stand up on end." The reporter repeated Judge Greer's comment to me, when he called me for a comment either that day or the next. I did not make an issue of these earlier comments at the time they occurred, but Judge Greer's recent conduct greatly alarms me and my clients. 14. Meantime, with yet another discharge of the ward from the hospital at mid-day on Friday, August 29, 2003, it appeared to me that Mr. Schiavo was attempting an end-run around Judge Greer's order to continue treatment. I immediately began making preparations to file a federal complaint in the United States District Court in Tampa to get emergency relief over the Labor Day weekend. 15. In the early morning hours of Saturday, August 30, 2003, some twelve hours or so after her last discharge from Morton Plant Hospital, Hospice Woodside called an ambulance to take the ward back to Morton Plant Hospital. According to her brother, who had spent Page 6 of 13 Friday night with the ward at Hospice, the ward had had an hour-long coughing and choking spell and her blood oxygen levels were low. 16. Later that morning, the ward was returned to Hospice Woodside on Saturday, August 30. At 10:30 a.m. that same day I filed a complaint and motion for temporary restraining order with the United States District Court in Tampa, at that time unaware of the ward's precise whereabouts or condition. I still have no information about why the ward was not admitted as an in-patient on Saturday, August 30 or what treatment, if any, was administered to her by Morton Plant Hospital as an out-patient. 17. On Sunday morning, August 31, 2003, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances. 18. During that conversation, which occurred about 8:45 a.m., Sheriff Rice told me that he had attended a ball game the night before with Judge Greer and that Judge Greer had told him that if Governor Jeb Page 7 of 13 Bush were a lawyer, the letter the Governor had sent to Judge Greer the preceding Tuesday would be an improper attempt at ex parte communication and would be reportable to the Bar. I concluded from this remark that Judge Greer was speaking about the case to others without counsel for the parties being present. 19. On Thursday, September 4, 2003, in conversation with Larry Crow, Esq., co-counsel for Mr. and Mrs. Schindler on this case, I learned that Judge Greer had made a virtually identical statement to a Deputy Attorney General in the Tampa office of the Florida Attorney General, namely, that were Governor Bush a lawyer, his letter to the judge would be a grievable offense under Florida Bar rules. 20. Mr. Crow filed a Motion to Disqualify Judge with our respective affidavits concerning these matters about 4 p.m. on Friday, September 5, 2003. Mr. Crow hand-delivered a courtesy copy of the motion and the affidavits to Judge Greer's chambers. 21. About 6 p.m. or so, I returned to my office from taking a short break outside the building. Sheriff Rice had called me, so I returned his call. When I spoke to him, he was very agitated about my affidavit that had just been filed. He impressed upon me that it was not Judge Greer Page 8 of 13 who had made the comment about Governor Bush's letter, it was he, himself, who had made it, and furthermore, the Sheriff stated that he had told me that Judge Greer did not discuss the case with him. 22. It is my belief that Judge Greer contacted Sheriff Rice on Friday afternoon, September 5, 2003, after he read my affidavit in support of the motion for his disqualification and either asked or instructed Sheriff Rice to call me immediately to get me to withdraw my affidavit. There is no other plausible way that Sheriff Rice could have known about the motion and affidavit. I certainly did not tell him of the affidavit or motion ahead of time and did not furnish either to him. 23. That conclusion that Judge Greer had alerted Sheriff Rice was buttressed when I spoke with Larry Crow later on in the evening on Friday, September 5, 2003. His affidavit supporting the motion for disqualification recounted a conversation he had had with the Deputy Attorney General John Carassas in Tampa. Mr. Crow told me that over the course of a few hours during Friday evening, Mr. Carassas left numerous messages on Mr. Crow's cell phone and home phone. My recollection is that Mr. Crow told me there were eleven messages on his cell phone that evening, only one not from Mr. Carassas. Page 9 of 13 24. Furthermore, this morning, Monday, September 8, 2003, I spoke with Representative Don Davis, a member of the Florida House from Jacksonville, who called me. He said he, too, has spoken with Mr. Carassas about the Terri Schiavo case. Among other things Mr. Davis told me is that Mr. Carassas had spoken with the judge about the case and that the Attorney-General's Office was "monitoring" the matter. 25. When I arrived in my office this morning, I had received a faxed letter from Sheriff Everett Rice, bearing today's date. A copy of this letter is attached hereto and incorporated herein. This letter begins by reference to an "affidavit which you faxed to me on September 5, 2003." I did not fax an affidavit to Sheriff Rice on September 5, 2003. If he received a faxed copy of an affidavit on September 5, 2003, it did not come from my office. It is my belief, however, that Judge Greer or someone at his direction may have faxed my affidavit to Sheriff Rice on Friday afternoon, and it is that fax that prompted the Sheriff's call to me. 26. Notwithstanding Sheriff Rice's telephone call to me on Friday, September 5, 2003, and his letter to me of September 8, 2003, my memory of the conversation I had with the Sheriff is as stated in Page 10 of 13 Paragraph 15 (note: should read 18), above. I have no recollection of Sheriff Rice telling me that Judge Greer had not discussed the case with him. When I had originally spoken with Sheriff Rice early on Sunday morning, August 31, 2003, he had just awakened. Our apparently differing memories of that conversation may be attributable to that fact. 27. During the conversation with Sheriff Rice on Friday afternoon, September 5, 2003, he told me that he and Judge Greer were friends and that I was going to get him in trouble with either the Judge or the Governor. I can appreciate the Sheriff's position and bear no ill will toward him, of course, but this matter is too important to ignore. 28. It is my firm conviction that, upon receiving the Motion to Disqualify Judge and the supporting affidavits late on Friday afternoon, Judge Greer contacted both Sheriff Rice and Deputy Attorney General John Carassas, in an attempt to attack the factual basis of the motion and affidavits. Such an attempt is way beyond the bounds of the judicial function and demonstrates vividly my belief that Judge Greer has become an advocate in this case. Such actions are much more extreme than debating the accuracy of fact allegations in this type of motion in open court, which the Canons of Judicial Conduct forbid. It is my Page 11 of 13 belief that Judge Greer is no longer possessed of the cold, impartial neutrality that the Canons require of any judge. It is my belief that Judge Greer has entered the arena. It is my further belief that Judge Greer's actions create the appearance of impropriety. 29. Inasmuch as the Court's failure to appoint an independent guardian for the ward is of great and immediate concern to me and my clients and the subject of a pending motion before Judge Greer, I fear that Judge Greer has pre-judged this issue, as indicated by his statements to the reporters, to the Sheriff, and to the Deputy Attorney General. I further believe that Judge Greer is repeatedly speaking about this case to others, out of the presence of counsel for the parties. 30. Mr. Crow and I are bringing the present motion in good faith and not for any purpose of delay or any other improper purpose. Mr. Crow and I tried to avoid filing these motions by requesting an administrative reassignment of the case, but those efforts were not successful. FURTHER AFFIANT SAYETH NAUGHT. Patricia Fields Anderson, Esq., Affiant Page 12 of 13 SWORN TO AND SUBSCRIBED before me this 8th day of September, 2003 by Patricia Fields Anderson, who is personally known to me and who did take an oath. Notary Public KATHLEEN R. THOMPSON My commission expires: Page 13 of 13 Even after these facts Greer refused to step down from the case and consequently proceeded to issue Terri's death warrant even in light of all the information anent the criminal actions, words, intentions of Michael Schiavo. How are you going to explain this away? Where is the accountability? Even you yourself as head of the State of Florida should be acting as a protector of Terri Schindler Schiavo. You could just as well be considered a guardian (as a state actor) to Terri Schindler Schiavo. Judge Greer abused his guardianship of Terri and allowed another guardian (Michael Schiavo, who has obvious criminal intents) to get the courts (I might add through deceit) to issue Terri's termination of feeding and hydration order based solely on hearsay evidence and even after the fact of a malpractice lawsuit (Nov. 1992) in which Terri's rehabilitation was promised. After Michael received the money he issued a Do Not Resuscitate order in regards to Terri. Again I ask how are you going to explain this away? The issue is not going to go away and you shouldn't be sending out false information regarding this case under color of a "Terri Schiavo Update" on Sept. 30th. Can you understand my outrage as a resident of Florida and a United States Citizen that this is happening on the various levels of our government and also what is coming out of your office? Where is the accountability and what are you doing about it? Terri deserves to live and she deserves the rehabilitation she was promised. Why was the information sent out on Sept. 30th not indicating that Judge George Greer issued his final order of Terri's termination of hydration and feeding to commence on Oct. 15th, etc. and that the matter is now at the Federal level under the jurisdiction of Judge Richard Lazzara of which a hearing is to occur on Oct. 10th? This appears to be (although you as Governor certainly know what can be done) absolutely Terri's last chance to receive justice in this matter and if you are really concerned about justice and Terri's well-being then why is false information being sent out from your office? Terri did not have the opportunity of having a living will and was criminally denied her right to life via hearsay evidence by the State of Florida. She was promised rehabilitation and she deserves that rehabilitation. I am awaiting the promised personal response from you anent my concerns. P.S. I would also like to know why the buck was being passed around when I tried to contact your office and was told that there was nothing that you could do about Terri's situation. I was then patched to the Attorney General's Office upon request and was told that they could not do anything unless you ordered it and that it was a judicial matter, etc. This was a day before your fax letter to Judge Greer. Where is the break down? Also why cannot you convene a special session anent Terri's situation to change the law concerning 'exit protocols', etc. and people who have criminal intentions as guardians (who should not be guardians) esp. when those intentions come to light, etc.?] Sincerely, Juan Schoch Concerned Florida Resident United States Citizen Mobile: (407)925-4141 Pager: (407)524-0453 --- From: Juan Schoch To: jeb@myflorida.com 10/03/2003 03:48 PM Subject: Complaint re: Sept. 30th Terri Schiavo Update coming from your office in your name The following e-mail was received by me at a different e-mail address (I have the original e-mail) from your e-mail address with the message body indicating that it was coming from the Office of Citizens Services, one Lauren O'Connor. I spoke with Lauren and she indicates that although her name is in the e-mail message body as coming from her she (or your Office of Citizens Services) collaborates with your legal team. I am very concerned about the e-mail in that it was sent out on Sept. 30th and is false to facts and is in no way an "Update" on the Terri Schindler Schiavo case as the subject indicated -> Terri Schiavo Update. Where is the accountability? Whatever is coming out of your office should not be false to facts. Included here is the message body of the e-mail and I will comment as to what I take exception to and I would ask you to help me understand why this was sent out on Sept. 30th. If you are really concerned about the welfare of Terri Schiavo then please help me understand why this is coming out of your office at this time with false to facts statements not only being sent out to Florida residents but over State lines to other States in our United States of America (might I also add the world). Lauren indicated that I will not receive a form letter in response to this e-mail and that I can expect an e-mail back addressing the issues of which I take exception and any other concerns raised: Thank you for your e-mail expressing concern for the well being of Theresa Schiavo. The Governor also is concerned for her and for her family and is keeping them all in his prayers. The case represents a tragic situation of family disagreement under very trying circumstances. This office has made several inquiries with agencies responsible for investigating abuse allegations. Neither the Pinellas County Sheriff's Office nor local law enforcement agencies have received or investigated any reports of abuse of Mrs. Schiavo. The office of the state attorney for the Sixth Judicial Circuit, Bernie McCabe, reviewed the matter and found no basis for any criminal investigation. In keeping with Florida law, our court system oversees the well being of incapacitated adults, including the oversight of guardians and their activities. A Florida court appointed Mr. Michael Schiavo as his wife's guardian more than 12 years ago. In this role, he has been under the supervision of the probate division of the state court system. Critical decisions related to guardianship, including the decision to terminate life support, must be approved by the court. Mr. Schiavo obtained such a court order to remove his wife's feeding tube. Mrs. Schiavo's parents have appealed that order, and the court has postponed the removal of her feeding tube until the Florida Supreme Court reviews the case. In Florida, these matters are entrusted to the system that our elected officials established to protect incapacitated adults. We must respect that system and trust the judge will listen to the views of all interested family members before reaching a decision in the best interest of Mrs. Schiavo. It is never easy to make a life-and-death decision for a loved one. Under Florida law, residents can indicate in advance how they want to be cared for should they become unable to express their wishes. The Governor supports the use of advance directives or living wills. These tools ensure Floridians will be cared for in the manner of their own choosing and save their families the anguish of having to make these decisions for them. For more information on advance directives, please visit these websites: Aging With Dignity -- Five Wishes Advanced Directive <"agingwithdignity.org/> American Bar Association Commission on Law and Aging <"www.abanet.org/aging/toolkit/home.html> Sincerely, Lauren O'Connor Office of Citizens' Services What I take exception to is contained in the following as it is false to facts and is nothing more than misrepresentation. See my comments in between the brackets: Neither the Pinellas County Sheriff's Office nor local law enforcement agencies have received or investigated any reports of abuse of Mrs. Schiavo. [From Affidavit of Patricia Fields Anderson, Esq. dated September 8th, 2003. 17. On Sunday morning, August 31, 2003, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances.] Critical decisions related to guardianship, including the decision to terminate life support, must be approved by the court. Mr. Schiavo obtained such a court order to remove his wife's feeding tube. Mrs. Schiavo's parents have appealed that order, and the court has postponed the removal of her feeding tube until the Florida Supreme Court reviews the case. [Fact: On Sept. 30th the court had not postponed the removal of Terri's feeding tube and the Florida Supreme Court was not reviewing the case. On Sept. 11th (after the Florida Supreme Court shirked their responsibility to a conscious (read: not PVS) resident of Florida in which an attempt is being made on her life (by terminating her feeding and hydration) by a "husband" who has nothing more than criminal intentions and not Terri's best interests at heart. Witness affidavits which are now in Federal and State court records by a nurse/nurses assistants, or caregivers etc. who were themselves prompted to come forward after your fax letter sent to Judge Greer became known in the press. Pasco Pinellas County Judge George Greer on Sept. 11th deferred ruling on termination of feeding and hydration until the next week at which time he basically issued Terri's death warrant. It was obvious that Judge Greer postponed ruling in the case because of the showing that day of people who are concerned about Terri's well-being. I was one of those people. I drove all the way from Orlando to Clearwater to be a witness to so-called justice. He gave the appearance that justice would be served by deferring the ruling and acknowledging that Terri is a human being. The affidavits were entered into the record at that time by Attorney Patricia Anderson. Also in the court records is information which was entered into court records (before Sept. 11) asking Greer to step down because of impropriety in the case, basically showing that Greer was biased in the case and actually broke the law by talking about the case to other people (including the press in which he was talking about decisions he was going to be making in the case) without attorneys from both parties being present. He spoke to the Sheriff of Pinellas Pasco County Sheriff Rice at a baseball game indicating his displeasure (opposite from what he indicated to the press and also in which he illegally stated that he is not inclined to appoint a guardian ad litem) at receiving your communication that he should appoint a guardian ad litem in the case and err on the side of life. Also Sheriff Rice after talking to Greer (after his slip of passing this information to Anderson) was influenced by Greer or took it upon himself to call Patricia Anderson back and lie about the fact that Greer spoke to him and told him about his displeasure at a baseball game and that it was the other way around - that Sheriff Rice was the one who voiced his displeasure. This is a bald face lie and considering the facts of the matter he tried to cover up that Greer actually was breaking the law by speaking to others without both parties being present and that he had passed this information unthinkingly to Patricia Anderson who had contacted him in regards to the matter of that contained in the affidavits from the nurses, etc.. Even after this fact Greer refused to step down from the case and consequently proceeded to issue Terri's death warrant even in light of all the information anent the criminal actions, words, intentions of Michael Schiavo. How are you going to explain this away? Where is the accountability? You as a state actor were basically Terri's guardian and so was Judge Greer who allowed another guardian (who has criminal intents) to get the courts (through deceit) to issue Terri's termination of feeding and hydration order based solely on hearsay evidence and even after the fact of a malpractice lawsuit (Nov. 1992) in which Terri's rehabilitation was promised. After Michael received the money he issued a Do Not Resuscitate order in regards to Terri. Again I ask how are you going to explain this away? The issue is not going to go away and you shouldn't be sending out false information regarding this case under color of an "Terri Schiavo Update" on Sept. 30. Can you understand my outrage as a resident of Florida and a United States Citizen that this is happening on the various levels of our government and also what is coming out of your office? Where is the accountability and what are you doing about it? Terri deserves to live and she deserves the rehabilitation she was promised. Why was the information sent out on Sept. 30th not indicating that Judge George Greer issued his final order of Terri's termination of hydration and feeding to commence on Oct. 15th, etc. and that the matter is now at the Federal level under the jurisdiction of Judge Richard Lazzara of which a hearing is to occur on Oct. 10th? This is absolutely Terri's last chance to receive justice in this matter and if you are really concerned about justice and Terri's well-being then why is false information being sent out from your office? Terri did not have the opportunity of having a living will and was criminally denied her right to life via hearsay evidence by the State of Florida. She was promised rehabilitation and she deserves that rehabilitation. I am awaiting the promised personal response from you anent my concerns. P.S. I would also like to know why the buck was being passed around when I tried to contact your office and was told that there was nothing that you could do about Terri's situation. I was then patched to the Attorney Generals Office upon request and was told that they could not do anything unless you ordered it and that it was a judicial matter, etc. This was a day before your fax letter to Judge Greer. Where is the break down? Also why cannot you convene a special session anent Terri's situation to change the law concerning 'exit protocols', etc. and people who have criminal intentions as guardians (who should not be guardians) esp. when those intentions come to light, etc.?] Juan Schoch XXXXXXXXXX XXXXXXX XXXXXXXX / XXXXXXXX XXXXXXXX XXXXXXX XXXXXX pc93@bellsouth.net -- "NOTICE: The information contained in this electronic mail transmission is intended by XXXXXXXXX XXXXXXXXXXX for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by telephone (collect), so that the sender's address records can be corrected." --- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THERESA MARIE SCHINDLER SCHIAVO, an incompetent ward, Incapacitated, by her Parents and Next Friends, ROBERT and MARY SCHINDLER, Plaintiff, v. CASE NO: 8:03-cv-1860-T-26TGW MICHAEL SCHIAVO, individually, and in his capacity as guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, Incapacitated, Defendant. _______________________________________/ ORDER _____ UPON DUE CONSIDERATION, it is ORDERED AND ADJUDGED that the Plaintiff shall file with this Court on of before October 6, 2003, official transcripts of the testimony of the Defendant and the Defendant’s expert referred to in paragraph 10 of the Second Verified Amended Complaint and an official transcript of the proceedings of September 17, 2003, before the state-court judge containing the remarks of the judge quoted in footnote 1 at pages 4 and 5 of the Memorandum of Law in Support of Motion for Temporary Injunction. <-1-> DONE AND ORDERED at Tampa, Florida, on September 24, 2003. RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2- --- In response to Terri's Amended Complaint filed in federal court yesterday, 22 Sep 2003, http://www.terrisfight.org/downloads/fedcomplaint.pdf, Judge Lazzara prepared and signed an 'ORDER' (23 Sep 2003) -> http://www.terrisfight.org/downloads/Order092303.pdf (text below): Sep-23-03 01:58P US District Judge Lazzara P.02 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THERESA MARIE SCHINDLER SCHIAVO, an incompetent ward, Incapacitated, by her Parents and Next Friends, ROBERT and MARY SCHINDLER, Plaintiff, v. CASE NO: 8:03-cv-1860-T-26TGW MICHAEL SCHIAVO, individually, and in his capacity as guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, Incapacitated, Defendant. ______________________________/ ORDER _____ Before the Court are the following pleadings filed on behalf of the Plaintiff by her parents and next friends, Robert and Mary Schindler; Second Verified Amended Complaint; Motion for Preliminary Injunction; and Memorandum of Law in Support of Motion for Temporary Injunction. UPON DUE CONSIDERATION of these pleadings, the Court deems is appropriate to issue the following order. First, because the Second Verified Amended Complaint questions the constitutionality of Chapter 765 of the Florida Statutes both on its face and as applied to the Plaintiff, and because neither the State of Florida, nor any of its agencies, officers, or <-1-> Sep-23-03 01:58P US District Judge Lazzara P.03 employees are parties to this action, the Court, pursuant to 28 U.S.C. § 2403(b), hereby certifies to The Honorable Charlie Crist, Attorney General of the State of Florida, that the constitutionality of a statute of the State of Florida affecting the public interest is drawn into question in this case. Consequently, in accord with 28 U.S.C. § 2403(b), the Attorney General is advised that the State of Florida will be permitted to intervene in this proceeding for presentation of evidence, if evidence is otherwise admissible, and for argument on the question of the constitutionality of Chapter 765. The Attorney General shall notify this Court on or before October 6, 2003, in a pleading filed with the Clerk as to whether the State of Florida will intervene in this case and participate in all future proceedings. Second, given the importance of the issues raised in the Plaintiff's Second Verified Amended Complaint and Motion for Preliminary Injunction, the Defendant shall have until October 6, 2003, within which to respond to the complaint and the motion. The Plaintiff shall file a reply to the Defendant's responses on or before October 8, 2003. The parties shall delivery courtesy copies of these pleadings to the Court's chambers immediately after the originals are filed with the Clerk. Third, the Court will conduct a hearing on the Plaintiff's Motion for Preliminary Injunction on Friday, October 10, 2003, at 1:30 p.m., in Courtroom 15B, United States Courthouse, 801 North Florida Avenue, Tampa, Florida. At the hearing, the parties shall be prepared to address whether Robert and Mary Schindler have standing to claim a -2- Sep-23-03 01:58P US District Judge Lazzara P.04 deprivation of their daughter's constitutional rights under 42 U.S.C. § 1983, see, e.g., Coon v. Ledbetter, 780 F. 2d 1158, 1160-61 (5th Cir. 1986)(and cases cited), and, if not, whether this Court should appoint a guardian ad litem or next friend to prosecute the claims of their daughter under Rules of Civil Procedure, in this case. See Gardner v. Parsons, 874 F. 2d 131 (3d Cir. 1989). Finally, the Court defers ruling on the Motion for Preliminary Injunction (Dkt. 25) until the time of the hearing. DONE AND ORDERED at Tampa, Florida, on September 23, 2003. RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED BY FACSIMILE TO: The Hon. Charlie Crist, Attorney General Counsel of Record -3- --- 2nd Ammended Complaint filed on Federal level: Here is the latest Federal ammended complaint (Sept. 22): (Text below. PDF at following location: http://www.terrisfight.org/downloads/fedcomplaint.pdf) UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Civil Action No.: 8:03-CV-1860-T-26-TGW THERESA MARIE SCHINDLER SCHIAVO, Incapacitated, by her Parents and Next Friends, ROBERT and MARY SCHINDLER, Plaintiff, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the Person of THERESA MARIE SCHINDLER SCHIAVO, Incapacitated. Defendant. ____________________________________________// SECOND VERIFIED AMENDED COMPLAINT _________________________________ Theresa Marie Schindler brings this Second Amended Complaint by and through her parents and next friends, Robert and Mary Schindler, against Michael Schiavo and his agents, servants, and employees. In support thereof she alleges the following. PARTIES _______ 1. Theresa Marie Schindler Schiavo ("Terri") is a 38 year-old woman who has been adjudicated incapacitated since 1990 and who presently resides at the Hospice Woodside facility in Pinellas Park, Florida. Although her husband, Defendant Michael Schiavo, is the court-appointed guardian of her person, Plaintiff's claims are brought by her parents and next friends, Robert and Mary Schindler ("the parents"), pursuant to Fed.R.Civ.P.17 and for reasons that are apparent below. Terri is the ward in a pending guardianship proceeding in the Sixth Judicial Circuit in and for the State of Florida and bearing the style In re Guardianship of Theresa Marie Schiavo, Case No. 90-2908-GD-003 ("the guardianship case"). 2. Defendant Michael Schiavo ("Schiavo") is a citizen of the United States and resides in Clearwater, Florida. Schiavo is sued herein individually and in his capacity as the state-appointed Guardian of the Person of Theresa Marie Schiavo. Schiavo is Terri's legal husband. At all pertinent times herein, Schiavo has acted jointly with the judge presiding over the state court guardianship proceeding pursuant to Chapters 744 and 765 of the Florida Statutes, with the aim of terminating so-called "life-prolonging measures" which have sustained Terri for 13 years and thereby causing her death. Page 2 of 33 NATURE OF ACTION ________________ 3. This is an action pursuant to 42 U.S.C. § 1983 for injunctive relief and declaratory relief, barring Schiavo and those acting in concert with him from enforcing a state court mandatory injunction that would violate Terri's constitutional rights to due process and equal protection under the laws and barring further deprivations of Terri's property and liberty interests in the manner described below. Plaintiff also seeks damages for past deprivations, pursuant to 42 USC § 1983. JURISDICTION AND VENUE ______________________ 4. Federal jurisdiction is invoked under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. 5. Plaintiff's claims for declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the general legal and equitable powers of this Court. 6. Venue is proper under 28 U.S.C. § 1391(b) in that a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in this district. Page 3 of 33 FACTS COMMON TO ALL COUNTS __________________________ 7. In the early morning hours of February 26, 1990 and for as-yet unexplained reasons, Terri collapsed in the St. Petersburg home she shared with Schiavo and suffered an anoxic or hypoxic encephalopathy, or massive brain injury. At the present time, and since shortly after her collapse, Terri had been fed through a gastronomy tube (hereinafter "G-tube"). She is on no machines. 8. In or about May, 1990, Schiavo was duly appointed by the Sixth Judicial Circuit Court Probate Division as Terri's guardian. 9. In early March, 1991, some 53 weeks out from Terri's collapse, a total body bone scan was done of her body, revealing multiple and severe abnormalities, which the radiologist attributed to "a history of trauma." A copy of the bone scan report is attached hereto and incorporated herein as Exhibit A. 10. In November 1992, a medical malpractice suit filed by Schiavo on behalf of himself and Terri came to trial. Schiavo swore to the jury that "I believe in the vows that I took with my wife, through sickness, in health, for richer or poorer. I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that." Schiavo also testified to the malpractice jury that he was going to become a nurse in order to assist in the Page 4 of 33 care and rehabilitation of his wife, also, presented an expert witness who testified that Terri would have a normal life span and would need extensive and expensive rehabilitation care throughout her life. 11. At no time during his testimony to the malpractice jury did Schiavo intimate that Terri "wanted to die" or did not want to be sustained on "anything artificial" or the like. 12. In or about February, 1993, Schiavo received the medical malpractice money, and approximately $750,000 was put into the guardianship fund for Terri's care. 13. Shortly afterward, Schiavo placed a "Do Not Resuscitate" order in Terri's medical chart. A few months later, in or about June, 1993, Schiavo directed Terri's caregivers to withhold antibiotic treatment for an infection she had developed, in the expectation that she would die from the resulting sepsis, which expectation Schiavo stated under oath in a deposition. 14. In 1995, Schiavo began living with a woman whom he now publicly describes as his "fiancee" and with whom he had a child in September, 2002 and with whom he is expecting his second child. 15. From Fall, 1991, and continuing up until the present day, Schiavo has denied any and all attempts at meaningful rehabilitative therapy for Terri Page 5 of 33 and, in addition, has denied basic services such as regular teeth cleaning and gynecological care. He has placed and continues to place unreasonable restrictions on visitation by others with Terri, including her priest. He opposed speech therapy that has the aim of weaning her off the G-tube back onto nutrition by mouth, even though such weaning is a common therapeutic accomplishment, and Schiavo knows Terri is a good candidate for such weaning. 16. For the past decade, Schiavo has been so intent on preventing any improvement in Terri's condition that he has threatened her caregivers with loss of their jobs if they disobeyed his orders that no rehabilitative help be given to Terri. Frequently, he expressed frustration that Terri had not died. During this period, Terri's caregivers report that Terri was saying "Help me" and "mommy" on a routine basis. 17. Finally, in May, 1998, Schiavo filed his Petition to Discontinue Artificial Life Support and to Appoint Guardian Ad Litem (hereinafter "the Petition"), seeking the Court's permission to remove Terri's G-tube. Schiavo did not state his express desire to withhold food and water by mouth from Terri, nor did he seek the Court's permission to do so. He did state that it is "highly likely" that he will re-marry upon Terri's death, Page 6 of 34 however. The Petition was brought pursuant to Chapter 765 of the Florida Statutes, concerning advance directives. 18. At the time of the filing of the Petition, approximately $718,000 was in Terri's guardianship fund for her care. 19. Although initially the Court did appoint a guardian ad litem for Terri and the guardian ad litem filed a written report recommending denial of the Petition, the Court removed the guardian ad litem upon Schiavo's insistence, and no successor guardian ad litem has ever been appointed. 20. In January, 2000, the Petition was tried to Hon. George W. Greer. No attorney, no guardian ad litem, or any other independent voice represented Terri at this trial. At this trial, Schiavo remembered, for the first time, that Terri had told him sometime during the 1980s that she would not want to survive on "anything artificial." 21. In February, 2000, Judge Greer granted the Petition, even though Terri left no written advance directive nor was even alleged to have said she wanted no rehabilitation or food and water by mouth in the event of her incapacity. 22. Thereafter, under Florida's Rule of Civil Procedure 1.540, Plaintiff's parents, as interested parties under Florida law, attempted to raise various Page 7 of 34 issues related to Terri's medical condition and defects in the procedure, but ultimately the death order was affirmed on appeal. 23. In the course of the appellate proceedings, the Second District Court of Appeal enunciated the following policies under Florida's statutory scheme for termination of "life-prolonging" measures under Chapter 765: A. The incapacitated ward is generally not entitled to an independent guardian ad litem in proceedings that can result in her death, as the trial judge "essentially serves as the ward's guardian" in a Chapter 765 proceeding, and an independent guardian ad litem would only "duplicate" the function of the trial judge, regardless of how egregious and obvious the conflict of interest between the ward and her court-appointed guardian. In re Guardianship of Schiavo, 780 So.2d 176, 179 (Fla. 2d DCA 2001)("Schiavo 1"). B. A ward can be deprived of food and water, and thus killed, without proof of any specific advanced directive addressing food and water by G-tube, and based on nothing more than spontaneous, generalized, pre-incapacity oral remarks about "artificial" life support. C. The requisite medical condition of "persistent vegetative state" (PVS) can be proven, and the ward killed, based on a mere preponderance of the evidence. 24. Since the filing of the Petition and contrary to Schiavo's promises to the medical malpractice jury, virtually the entire guardianship fund has been awarded to Schiavo's lawyers for fees and costs upon ex parte and in Page 8 of 34 camera fee applications, in this effort to kill her, to the point where Terri now qualifies for Medicaid benefits. 25. On September 17, 2003, Judge Greer ordered Schiavo to cause the removal of Terri's G-tube at 2 p.m. on October 15, 2003 and, in a separate order, denied the parents' request that Terri receive therapy to enable her to take food and water by mouth before the G-tube is removed. COUNT 1 _______ DEPRIVATION OF LIFE IN ______________________ VIOLATION OF FIFTH AND FOURTEENTH AMENDMENTS ____________________________________________ 42 U.S.C. § 1983 ________________ 26. Plaintiffs adopt and incorporate by reference Paragraphs 1 through 25 above as though fully re-alleged herein. 27. By virtue of the State of Florida's policies and practices, persons with serious cognitive impairments, including Terri, are not entitled to a separate and independent voice in proceedings that will determine whether they will live or die. 28. Failure to provide counsel or, at a minimum, a guardian ad litem, for Terri in the above-described proceedings has resulted in substantive and procedural due process violations so serious as to rise to constitutional proportions, in that she has been precluded, inter alia, from asserting her Page 9 of 34 right to continued existence, her right to call and cross-examine witnesses, her right to present evidence, her right to have the case decided on record evidence alone, her right to be provided humane and decent treatment while the trial court is her guardian pursuant to state policy, her right to have sustenance provided to her in a safe manner, and her right to be free of the complete dominion and control of a husband/guardian whose interests are clearly adverse to hers, which deprivations are continuing. 29. Florida's statutory policy, denying incapacitated wards an independent guardian ad litem or independent legal representation, has deprived Terri of any reasonable opportunity to assert her constitutional rights and to protect her own interests in continued existence and rehabilitation against Schiavo's adverse interest in seeing her dead. 30. Florida's statutory policy allows for termination of life without proof of any specific advance directive to withhold food and water by a simple G-tube, and further permits termination of life based on a mere preponderance of evidence as to the existence of PVS, rather than by clear and convincing evidence. 31. Florida's statutory scheme, both facially and as applied to Terri, is in these respects unconstitutional in that it deprives incapacitated persons diagnosed Page 10 of 34 as being in PVS, and imminently threatens to deprive Terri, of her right to life and liberty without due process of law in violation of the Fifth and Fourteenth Amendments. 32. Florida's statutory scheme thus treats persons differently based solely on this specific disability by depriving them of rights to which the non-disabled or persons with different disabilities, such as aphasic stroke or Alzheimer's victims, are entitled, including the right to counsel and the right to a heightened burden of proof before deprivation of fundamental liberties. The statutory scheme is in these respects, both facially and as applied to Terri, in violation of the Equal Protection Clause of the Fourteenth Amendment. 33. The statutory scheme, in the respects pleaded above, and the death order issued by the trial judge pursuant to that scheme, constitute state action under color of state law. 34. The acts and omissions described above constitute state action because, under Florida's statutory scheme, the trial judge "essentially serves as the ward's guardian" in the death proceeding. 35. Further, state action exists because the trial judge in guardianship proceedings has affirmative duties under Chapter 744 of Florida's guardianship statute to protect the ward and provide her with necessary Page 11 of 34 services, which duties the trial judge has deliberately ignored and violated as alleged more particularly in the following Court, including the affirmative duty to enter all orders "necessary to protect the ward." 36. Defendant Schiavo is a state actor because he is a state-appointed guardian and has been ordered by the trial judge, acting in the dual capacity of judge and guardian, "to cause the removal of the nutrition and hydration tube from the Ward, Theresa Marie Schiavo, at 2 p.m. on the 15th day of October, 2003." The court and Schiavo, as the death-petitioner, thus act jointly and in a symbiotic relationship which cloaks Schiavo with the authority of the state to terminate Terri's life. 37. Pursuant to that same symbiotic relationship, the court's failure to act proactively in its role as quasi-guardian to protect Terri, as mandated by the Florida Legislature, and its further ratification of Schiavo's acts and omissions has created a systematic and wholesale decade-long program of deprivation of Terri's rights that functionally clothe Schiavo with the authority of state law and have now culminated in her imminent death. 38. By reason of the trial court's appointment of Schiavo as the Guardian of the Person, the trial court, as state actor, created a special relationship between Schiavo and his ward, giving rise to an affirmative duty on the part of the Page 12 of 34 court to intervene and protect Terri from neglect and abuse arising from that relationship, as more particularly alleged in the following Count. 39. Schiavo has willfully, deliberately and maliciously abused that special relationship and acted to deprive Terri of her constitutional rights under color of state law, his malice being shown by his contradiction of sworn testimony to a jury that he would care for Terri for the rest of his life; his "Do Not Resuscitate" order for a ward who is not terminally ill; his attempt to deprive his own wife of the most basic care and therapy; his demand that Terri's guardian ad litem be removed; his decade-long campaign of deliberately degrading Terri's neurological responses by a calculated plan of sensory deprivation; his looting of Terri's guardianship estate for attorney fees in the effort to have her killed, contrary to his promises to the jury about how the money would be used; and his cohabitation with another woman, during which he has fathered two children out of wedlock. 40. As the direct and proximate result of said state action, Terri has been deprived of her constitutional right to counsel and a heightened burden of proof as to her wishes concerning medical care and her medical condition before deprivation of life, and is imminently threatened with deprivation of her life. Page 13 of 34 41. Terri has been irreparably harmed, and faces further imminent irreparable harm in the absence of injunctive relief. 42. Terri has no adequate remedy at law. 43. Terri is entitled to relief under 42 U.S.C. § 1983 for deprivation of her constitutional rights under color state law. WHEREFORE, Theresa Marie Schindler Schiavo seeks the following relief: A. A declaratory judgment that Florida's statutory scheme, both facially and as applied, is unconstitutional. B. A temporary and permanent injunction issued pursuant to the authority of 42 U.S.C. § 1983, enjoining and restraining the execution of the death order by Schiavo and those acting in concert with him. C. As to past deprivations, an award of compensatory and punitive damages in favor of Terri and against Schiavo. D. An award of fees and costs pursuant to 42 U.S.C. § 1988. E. Such other relief as this Court deems just and proper. COUNT II ________ DEPRIVATION OF FOURTEENTH AMENDMENT LIBERTIES _____________________________________________ 42 U.S.C. § 1983 ________________ 44. Plaintiff adopts and incorporates by reference Paragraphs 1 through 25 above as though fully re-alleged herein. Page 14 of 34 45. In addition to her constitutionally-protected right to live, Terri has a fundamental liberty interest in bodily integrity and privacy protected by the Fourteenth Amendment from infringement by the State, state actors or those acting jointly and in concert with state actors. 46. Terri's liberty interest in bodily integrity and privacy embraces the right to be treated humanely, with dignity and respect, to receive necessary services and rehabilitation, to receive food, to be restored to capacity as soon as possible, to receive visitors and communicate with others, to have a competent guardian, to receive prudent financial management of her property, and to be free from all manner of discrimination, neglect and abuse by the State, state actors or those acting jointly with state actors. Fla. Const., Art. 1 & 2; Fla. Stat. §§ 744.1012; 744.102 (10); 415.102. 47. Terri also has a liberty interest in receiving the benefits of programs and facilities on a non-discriminatory basis as provided by the Americans with Disabilities Act of 1990, as amended, and the Rehabilitation Act of 1973, as amended. 48. Schiavo has acted to defeat Terri's state and federal rights by inappropriately and unlawfully placing Terri in a hospice facility, without prior court approval, without any certification of "terminal" illness as that Page 15 of 34 term is defined, and in excess of his limited authority as the Guardian of the Person, thereby depriving Terri of the full panoply of services, such as speech and physical therapy, that would be available to her in a curative care setting and that are specifically waived in this hospice setting. 42 C.F.R. §§ 418.3, 418.22, 418.24. 49. As a direct result of Schiavo's actions as a state actor, Terri has been deprived, without notice or opportunity to be heard, of her state and federal rights to be housed, cared for, and rehabilitated in a curative care facility, which actions Schiavo had no authority to undertake pursuant to the specific limitations of his appointment as guardian or pursuant to state law. 50. Terri also has a Fourteenth Amendment due process right to independent counsel in guardianship proceedings, access to the courts, and notice of all proceedings to determine her capacity or to exercise certain retained rights and to dispose of her property. Florida Statutes § 744.3215. 51. Florida's guardianship statute recognizes the rights enumerated in Paragraph 46, and deems those rights "retained rights" of a ward that cannot be removed without a hearing, the right to counsel, and the right to appear and present evidence. Fla. Stat. §§ 744.3215, 744.331. Page 16 of 34 52. Schiavo is not authorized by Florida law to defeat any of Terri's retained rights, and cannot even exercise those rights without clear and convincing proof that Terri, before her incapacity, "previously expressed" how her retained rights were to be exercised. 53. Under Florida law Schiavo's powers are limited to the terms of the required annual plan for Terri's care, and a hearing is required before Schiavo could be granted any additional authority. Fla. Stat. §744.369(8). No such hearing has ever been conducted. 54. The affirmative duties imposed upon the guardianship judge are in keeping with the Florida's legislature's determination that "court monitoring of guardian's protection of their ward's assets, well-being, dignity, and personal rights is deficient, and control of their capacities are being taken advantage of, both financially and by having their personal rights stripped by the court without adequate supervision," as the result of which "thousands of persons are being denied due process of law and equal protection under the law as guaranteed by the 14th Amendment to the Constitution of the United States." Preamble, Laws 1989, c. 89-96. 55. For approximately 12 years, and continuing to this day, Schiavo has denied Terri all therapy and rehabilitation, including any training to wean her from Page 17 of 34 the G-tube, has imposed unreasonable restrictions on her visitors and strictly limited communication to her by others, including her priest, has confined her to her room, reduced environmental stimuli to a minimum, generally deprived Terri of her dignity as a human being, and treated her as though she were already dead. 56. Schiavo had no authority to exercise, much less defeat, the rights enumerated in Paragraph 46, yet the guardianship judge has allowed Schiavo to defeat them as described above, and continues to allow Schiavo to defeat them, in violation of both the Fourteenth Amendment and settled, express Florida law. 57. The guardianship judge, acting at the behest of Schiavo, who opposed Plaintiff's petition for immediate therapy, has further entered the aforementioned order of September 17, 2003, denying all therapy and rehabilitation to Terri between that date and the death date of October 15, 2003, despite sworn affidavits of speech pathologists presented to the guardianship judge that Terri is a good candidate for therapy for weaning from her G-tube and back onto nutrition by mouth. 58. If Schiavo and the guardianship judge have their way, Terri will die a slow and painful death over the course of a week or more because she cannot Page 18 of 34 presently eat and drink by mouth while being denied the very therapy that would allow her to eat and drink by mouth. 59. Schiavo and the guardianship judge are state actors, acting in concert, for the same reasons alleged in Count 1, above, in Paragraphs 36-37, inclusive. 60. The actions of Schiavo in depriving Terri of her liberty interests as enumerated above in this Count have been committed ultra vires, in violation of both the Fourteenth Amendment and the Florida's guardianship statutes and without authority arising from any guardianship plan, which Schiavo has refused to file for three years. 61. The guardianship judge and Schiavo, acting jointly as Terri's guardians, have knowingly violated Terri's liberty interests guaranteed by the Fourteenth Amendment and integrated into Florida's guardianship statutes. 62. This joint action, albeit under color of law, is in fact in excess of any statutory authority granted either to the guardianship judge or to Schiavo and constitutes a departure from the law's fundamental requirements. 63. Schiavo has willfully, deliberately and maliciously acted to deprive Terri of her constitutional rights under color of state law, his malice being shown by his contradiction of sworn testimony to a jury that he would care for Terri for the rest of his life, his "Do Not Resuscitate" order for a ward who is not Page 19 of 34 terminally ill, his attempt to deprive his own wife of the most basic care and therapy, his successful demand that Terri's guardian ad litem be removed, his decade-long campaign of deliberate degradation of Terri's neurological responses by a calculated plan of sensory deprivation that is continuing in nature, his looting of Terri's guardianship estate for attorney fees in the effort to have her killed, contrary to his promises to the jury about how the money would be used, his surreptitious removal of Terri to a hospice facility, and his cohabitation with another woman, during which he has fathered two children out of wedlock. 64. As the direct and proximate result of this joint action, taken in deliberate and knowing indifference to Terri's constitutional rights, Terri has suffered and is in fact suffering further irreparable harm on a daily basis occasioned by the wholesale deprivations of her liberties. 65. Terri has no adequate remedy at law for the threatened irreparable harm. WHEREFORE Plaintiff seeks the following relief: A. A declaratory judgment that Schiavo's joint action with the guardianship judge, and in particular the Order of September 17, 2003 depriving Terri of all rehabilitation, is a violation of Terri's Fourteenth Amendment due process liberty interests; Page 20 of 34 B. A temporary and permanent injunction issued pursuant to the authority of 42 U.S.C. § 1983, enjoining and restraining Schiavo from defeating or attempting to defeat Terri's liberty interests under the Fourteenth Amendment as recognized by Florida Statute § 744.3215. C. As to past deprivations, an award of compensatory and punitive damages in favor of Terri and against Schiavo. D. An award of fees and costs pursuant to 42 U.S.C. § 1988. E. Such other relief as this Court deems just and proper. COUNT III _________ DEPRIVATION OF PROPERTY IN VIOLATION OF _______________________________________ FIFTH AND FOURTEENTH AMENDMENTS _______________________________ 66. Plaintiff adopts and incorporates by reference Paragraphs 1 through 25 above as though fully re-alleged herein. 67. Terri's parents have been treated as interlopers in the guardianship proceedings since the medical malpractice award was received, in that they are not served with any information concerning the status of the finances of the guardianship estate. Plaintiff herself, of course, has no separate and independent representative to speak for her in those matters. 68. As a result, Plaintiff's finances are kept virtually secret from Plaintiff and her parents. Page 21 of 34 69. On May 14, 1997, the guardianship court authorized Schiavo to hire special trial counsel George Felos, Esq., to effect Terri's death through the filing and litigation of the Petition at the rate of $195.00 per hour and to pay special counsel from the funds of the guardianship estate. Terri had no legal representative to raise objections to this arrangement. 70. On March 27, 2000 and before Mr. Felos submitted his first invoice for court approval, the guardianship court entered its order granting Schiavo's request to seal fee petitions, in advance. Both the request and the order granting the request were ultra vires and contrary to settled principles of law. Terri had no notice of this proposed order and no opportunity to object to its entry. 71. One month later, on April 28, 2000, the guardianship court authorized a payment to Schiavo's special counsel for fees at the rate of $225 per hour - and not the $195 per hour previously granted - for the period of March 15, 1997 through January 28, 2000, in the amount of $75,186.25. This payment was made pursuant to an invoice submitted to the court in camera pursuant to the earlier sealing order and ex parte in that it was not served on Terri or the parents. Terri had no notice of this fee petition and no ability to object to it. Page 22 of 34 72. The Clerk of the Circuit Court, pursuant to its statutory auditing obligations, had objected to use of guardianship funds to pay Schiavo's counsel for speaking to news reporters, for which he had sought compensation, but the guardianship court disregarded the Clerk's objection. 73. Thereafter, from time to time and at irregular intervals, Schiavo's counsel submitted additional ex parte and in camera fee petitions, which the guardianship court approved at the rate of $225 per hour. Terri had no notice of these fee petitions and no opportunity to object to them. 74. Ultimately, the guardianship court awarded Schiavo's death counsel $357,246.67 in fees, nearly half of Terri's entire guardianship estate, upon these secret fee petitions. 75. On information and belief, other charges against the guardianship estate, including fees payments to other attorneys, have depleted the balance to less than $50,000, which has now been placed in a Medicaid trust in order to qualify Terri for Medicaid benefits. 76. At no time has Plaintiff been permitted advance notice of nor the opportunity to protest the use of her funds for these purposes or in these amounts. Page 23 of 34 77. Plaintiff has a due process right not to be deprived of her property without due process of law as guaranteed in the Fifth and Fourteenth Amendments. 78. Despite these guarantees, Plaintiff's assets have been systematically stripped from her in such a manner as to preclude advance notice or opportunity to protest and to preclude creation of a record from which to appeal, all in violation of her constitutional rights. This scheme has reduced Plaintiff to penury. 79. Furthermore, Plaintiff's status as a cognitively-impaired ward renders her especially vulnerable to the predations of those who would use her funds to benefit themselves, rather than her, in violation of the guarantee of equal protection of the laws. 80. This ultra vires scheme of secret fee petitions, granted without scrutiny by any independent advocate for Plaintiff, was done under color of state law pursuant to the legal fiction that Chapter 765 proceedings are for the "benefit" of wards such as Plaintiff and, as such, guardianship funds may be used to pay for the effort to end the ward's life. 81. The symbiotic relationship between Schiavo, the guardianship court, and Schiavo's special counsel imbue the acts of each as alleged in this Court with the cloak of State sanction. Page 24 of 34 82. This scheme was carried out by the guardianship court and Schiavo as joint state actors, acting in concert. WHEREFORE Plaintiff demands judgment of Defendant for compensatory damages, pre- and post-judgment interest, and for such other and further relief as to the Court seems just and equitable. COUNT IV ________ CONSTITUTIONAL CONSPIRACY _________________________ TO VIOLATE FOURTEENTH AMENDMENT LIBERTIES _________________________________________ 83. Plaintiffs adopt and incorporate by reference Paragraphs 1 through 82 as though fully re-alleged herein. 84. The guardianship judge and Schiavo conspired to deprive Terri of her Fourteenth Amendment liberty interests and her correlative rights under Florida laws by reaching an understanding that Terri would be deprived of these rights under an ultra vires arrangement, not sanctioned by Florida statute, by which Schiavo would be given free reign to engage in a broad array of rights deprivations without court supervision or restraint. 85. This conspiracy and understanding is reflected in the following facts, demonstrating that the judge acted with knowledge of, and with the intent to assist Schiavo in the corruption of the administration of justice in the state court proceedings so that Terri's rights would be denied to her: Page 25 of 34 A. he knowingly violated settled law and procedure by conducting secret, in camera fee petition proceedings which have looted Terri's estate without notice or opportunity to be heard, and in spite of objection by the Probate Clerk to elements of the fee requests; B. he knowingly failed to require Schiavo to undergo mandated guardianship training and file mandate annual guardianship plans; C. he knowingly allowed Schiavo to defeat Terri's retained rights to rehabilitation, therapy, essential services, restoration to competency as soon as possible and prudent financial management of her property without any hearing, order or guardianship plan authorizing Schiavo to act in these areas; D. he knowingly allowed Schiavo to relocate Terri to a hospice and treat her as terminally ill, thus depriving her of all possibility of curative care, without the requisite due process hearing; E. he knew that Schiavo had provided false information to the tribunal regarding Terri's alleged "wishes," as Schiavo's recently concocted claim that Terri did not want to be sustained on the G-tube flatly contradicted his prior sworn testimony to the medical malpractice jury that he would devote the rest of his life to caring for Terri and seeking Page 26 to 34 her rehabilitation, of which testimony the judge was aware, and Schiavo's further sworn testimony in a 1993 deposition, of which the judge was also aware, that he would could never remove Terri's G- tube; F. he knew, in allowing Schiavo to deprive Terri of all therapy for years, and in issuing his order of September 17, 2003 denying all therapy to wean Terri off the G-tube before the death date, that denial of therapy to an incapacitated ward was contrary to both the terms of Schiavo's guardianship appointment and Florida law, which absolutely bar such deprivation absent a hearing and a finding - never requested or made - that Terri would have refused therapy. G. he knowingly refused to investigate serious allegations and substantial evidence that Schiavo may have bodily harmed Terri and was a continuing threat to her well being, as shown by a bone scan report and the affidavits of Terri's care givers, one of whom overheard Schiavo demanding "when is that bitch going to die?" and another of whom suspected Schiavo of attempting to induce insulin shock in Terri, and who treated Terri repeatedly for insulin shock symptoms of Page 27 of 34 suspicious origin immediately following Schiavo's appearance in her room at night, behind closed doors; H. confronted with affidavits of independent non-party caregivers as noted in the previous paragraph, he knowingly failed and refused to conduct the statutorily mandated hearing but, in a departure from all due process, pronounced the affidavits not credible without even taking testimony from the affiants; I. when confronted with the long history of Schiavo's abuses and departures from the law, and reminded of a guardianship judge's affirmative duty under the 1989 amendment to the guardianship statute to proactively investigate and correct misconduct by guardians, the judge flatly refused, on the record, to follow the legislative mandate imposed upon him, stating that to follow the legislative mandate would create a "conflict" with Schiavo's position that would lead to Schiavo seeking his disqualification for "bias"; and J. he knew that Schiavo's position was adverse to Terri's and that the guardianship proceeding, in a departure from all pertinent law, had become an adversary proceeding between Schiavo and his wife, yet he publicly rejected Governor Jeb Bush's request that he appoint an Page 28 of 34 independent guardian ad litem to protect Terri from past and possible future harm by Schiavo, expressing this refusal at a press conference in his chambers during which he commented on the pending proceeding to the news media. 86. These facts evidence an ultra vires understanding between the guardianship judge and Schiavo that Schiavo would be exempt from the laws, rules and practices that apply to every other guardian in the State of Florida; would not be subject to any supervision or impediment in his plan to kill Terri; and amounts to the guardianship judge's surrender of his judicial power to Schiavo such that the independence of the judiciary has been compromised to a significant degree. 87. Terri has been incapable of raising any of these issues in the state court precisely because of the guardianship judge's abandonment of the law, which has prevented appellate review. 88. Schiavo and the guardianship judge either knew or should have known that these acts as alleged in this count violated Terri's established constitutional rights. Page 29 of 34 89. Schiavo, in carrying out this conspiracy and effecting the above-alleged deprivations, acted willfully and with malice, as alleged in Paragraphs 39 and 63, above. WHEREFORE Plaintiffs request the following relief against Schiavo: A. A preliminary and permanent injunction enjoining and restraining Schiavo from further deprivations of Terri's constitutional and retained rights; B. Compensatory and punitive damages. C. Such other and further relief as the Court deems just and proper. COUNT V _______ BREACH OF FIDUCIARY DUTY UNDER STATE LAW ________________________________________ 90. Plaintiff adopts and incorporates by reference Paragraph 1 through 25 above as though fully re-alleged herein. 91. Defendant Schiavo owed a fiduciary duty toward Plaintiff, as her Guardian of the Person, and, as such, owed a duty of utmost loyalty to Plaintiff, unclouded by personal interest. 92. As a feature of this fiduciary duty, Schiavo was obligated under state law to recognize and to respect all of Plaintiff's retained rights pursuant to Florida law, including her right to rehabilitation, her right to food and other basic Page 30 of 34 necessities, her right not to have her property and assets disposed of without notice and opportunity to be heard, her right to be returned to capacity at the earliest moment, her right to receive visitors and to communicate with others, her right to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation, her right to have her financial affairs managed in a prudent manner, and her right to have a qualified guardian. 93. In addition, Schiavo owes a fiduciary obligation to Plaintiff to file an annual report and plan for court approval, setting forth in a meaningful way his plans for the coming year as to how he intends to accomplish his goals of protecting his ward and promoting her welfare. 94. Schiavo has breached and continues to breach each and every one of his fiduciary obligations toward Plaintiff as set forth above in Paragraphs 72 and 73, inter alia, in that he has maintained Plaintiff in virtual solitary confinement for years, without any systematic program of rehabilitation, has mounted litigation against his ward with the aim of causing her death and funded the litigation with her assets, objected to the continued services of Plaintiff's guardian ad litem who disagreed with his death plan and, also, failed to resign as guardian despite his obvious conflict of interest, has Page 31 of 34 unreasonably burdened or outright forbade visitors with Plaintiff, refused to take the minimum and statutorily-mandated guardian's training for a period of twelve (12) years, has failed and refused to file annual reports and plans or filed them so untimely as to be meaningless, has forbade feeding by mouth for Plaintiff and, also, has objected to any therapy that would make such possible. 95. Plaintiff has been profoundly and irreparably harmed by Schiavo's abuse, neglect and exploitation, in that she has been stripped of her assets, has lost time and opportunity to improve her condition, and now faces an unnecessary and unlawful death order. WHEREFORE, Plaintiff demands judgment against Schiavo for all damages allowable at law, including compensatory and punitive damages, pre- and post-judgment damages, and such other and further relief as to the Court seems just. JURY TRIAL __________ Plaintiff demands a jury trial for all issues herein so triable. Page 32 of 34 Christopher A. Ferrara, Esq. PATRICIA FIELDS ANDERSON, ESQ. American Catholic Lawyers Patricia Fields Anderson, P.A. Association, Inc. Fla. Bar No. 352871 50 South Franklin Turnpike 447 Third Avenue North, Suite 405 Ramsey, NJ 07447 St. Petersburg, FL 33701 (201)236-1799; fax (201)236-3965 (727)895-6505; fax (727)898-4903 Appearing in accord with Local Rule 2.02 LAWRENCE D. CROW, ESQ. WALLACE B. ANDERSON, ESQ. Florida Bar No. Florida Bar No. Larry Crow, P.A. 2202 NW Shore Blvd., Ste 200 1247 S. Pinellas Avenue Tampa, FL 33607-5747 Tarpon Springs, FL 34689 (813) 649-4255;fax(813) 639-7501 (727)945-1112; fax (727)945-9224 By: JAMES SHEEHAN, ESQ. 341 3rd Street South St. Petersburg, FL 33701 (727) 821-1928 CERTIFICATE OF SERVICE ______________________ I HEREBY CERTIFY that true copy hereof has been mailed and faxed on this 22nd day of September, 2003 to the following named addressee: GEORGE J. FELOS, ESQ. 595 Main Street Dunedin, FL 34698 Attorney for Michael Schiavo PATRICIA FIELDS ANDERSON, ESQ. Page 33 of 34 VERIFICATION ____________ I HAVE READ the foregoing Second Verified Amended Complaint on this 22nd day of September, 2002, and swear that it is true and correct. ROBERT SCHINDLER, SR. SWORN TO and subscribed before me on this 22nd day of September, 2003 by ROBERT SCHINDLER, SR. Notary Public State of Florida My commission expires: Page 34 of 34 --- Greer's death order: http://www.guardian.co.uk/medicine/story/0,11381,1045263,00.html Florida family divided over judge's 'slow death' ruling Jacqui Goddard in Miami Friday September 19, 2003 The Guardian When Terri Schiavo's parents arrive at her bedside, her face lights up and she coos her approval. When they play music to her, she smiles; when she is sad she cries; when doctors ask her to blink, she obliges. But Judge George W Greer of Pinellas-Pasco circuit court in Clearwater, Florida, has ruled that in just under four weeks, the feeding tube through which Terri receives sustenance must be removed. After that, she will slowly starve to death. Her husband and legal guardian, Michael Schiavo, says she would have wanted it that way and that death will end 13 years of suffering. Her parents, Bob and Mary Schindler, say it amounts to an execution, which will bring a painful and unwarranted end. "Terri is not a brain-dead vegetable as characterised by her husband, nor a houseplant as implied by his attorney," said Mr Schindler. "Terri is not on a respirator or any artificial life support. "She is a living human being and needs to be granted an opportunity to recover." Mr Schiavo, who now has a girlfriend, a child and a second baby on the way, claims Terri, 39, told him long before her mystery collapse in 1990 that she never wanted to be kept alive by artificial means should such a situation ever arise. "The case is not about the parents' wishes, it's not about the husband's wishes, it's about Terri's wishes," stressed his lawyer, George Felos. She was 26 when she suffered a sudden collapse at home in St Petersburg, Florida. Her heart stopped and her brain was temporarily starved of oxygen. In 1998, five years after winning $1.2m (£750,000) on her behalf from a malpractice lawsuit relating to a medical issue pre-dating her collapse, Mr Schiavo petitioned for Terri to be allowed to die. His assertion that his wife is in a permanent vegetative state has been backed by some doctors and debunked by others. Meanwhile the Schindlers point to testimony from medical experts that their daughter has the potential to "improve significantly" given rehabilition, and complain that Mr Schiavo has refused her access to such treatment. In five years of legal twists, the courts have already ruled once that Terri's tube should be removed, leaving her starving for 60 hours in 2001 before the decision was reversed on appeal. But Wednesday's ruling that the tube must come out for good on October 15 may mark the beginning of the affair's closing chapter. The Schindlers are preparing to launch one last federal appeal to try to save their daughter's life. "They wanted the chance to try to teach her to eat for herself, but the judge refused," said family spokeswoman Pamela Hennessy. "It's frightening that he has such power over this wonderful woman's life." The extraordinary case has also been punctuated by dark suspicions, including a request by the Schindlers for a criminal investigation of Mr Schiavo, alleging spousal abuse. They query the origin of numerous injuries sustained by Terri before her collapse, including a broken back and a neck injury that an examining doctor suggested could have been caused by an attempt at strangulation. In particular, they are troubled by testimony from some of Terri's caregivers, among them Carla Sauer Iyer who nursed her from April 1995 until August 1996. She said in an affidavit that Mr Schiavo asked her: "When is that bitch [Terri] going to die?" Mr Felos says the claims, which his client denies, are "garbage". He said: "Terri would be horrified at what's happening now." In an earlier ruling against the Schindlers by the 2nd district court of appeal, the bench concluded: "It may be unfortunate that when families cannot agree, the best forum we can offer for this private, personal decision is a public courtroom - and the best decision-maker we can provide is a judge." --- Refer to these links: http://www.terrisfight.org http://www.zimp.org http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt Latest Wesley Smith article: http://www.nationalreview.com/comment/comment-smith091603.asp -------- It's time to burn the phone lines. Let them know that withholding food from a disabled person is a felony. FELONY! State Attorney Bernie McCabe - 727-464-6221 Attorney General Charlie Crist - 850-414-3990 Free faxing (Wash. DC - complete coverage) www.tpc.int/sendfax.html Format of number to input is: (ex. Pres. U.S. [POTUS]) -> 1 202 456 2461 (ex. Ashcroft) -> 1 202 514 1009 Vice Pres. Dick Cheney 1 202 456 2710 U.S. Senator John W Warner 1 202 224 6295 U.S. Senator Bob Graham 1 202 224 2237 House Representative Corrine Brown 1 202 225 2256 House Representative Henry Hyde 1 202 225 1166 .. if you know of other fax numbers please e-mail pc93@bellsouth.net -------- Contact: Pamela Hennessy Phone 727-445-1766 email: phenn@zimp.org 1133 Drew Street Clearwater, FL 33755 Press Release Assignment – Terri Schiavo Case Has collusion been a factor in the Terri Schiavo case? Supporters of the disabled Pinellas woman think so. Clearwater, FL September 16, 2003: Supporters of the Terri Schindler- Schiavo Foundation have uncovered a possible link to collusion in the legal proceedings involving attorney George Felos (representing Michael Schiavo) and the neurologist Dr. Peter Bambakidis (court appointed, independent, examining physician). During the 2002 trials, the court ordered that two physicians would be chosen by Michael Schiavo, two would be chosen by Bob and Mary Schindler (Terri Schiavo’s parents) and one would be appointed by the court as an independent examining physician. All five physicians would later give testimony to the condition of Ms. Schiavo. The independent physician, Dr. Peter Bambakidis of Ohio, would testify in favor of Michael Schiavo in that Ms. Schiavo was in a persistent vegetative state and without hope of recovery. Supporters of the Terri Schindler-Schiavo Foundation have learned that Dr. Bambakidis and attorney George Felos may have had a personal relationship prior to Dr. Bambakidis being assigned to the case on April 24, 2002. In marketing materials promoting his seminars, Mr. Felos notes that he has served as a Governor for the American Hellenic Education Progressive Association -> http://www.zimp.org/felosflyer.pdf Upon research, supporters discovered that the Ohio chapter of the American Hellenic Education Progressive Association was managed by Gust Bambakidis -> http://www.ahepa.org/chapters/ohio.html Both Gust and Peter Bambakidis are graduates of Case Western University (Gust -> http://www.wright.edu/academics/physics/faculty/index.htm, Peter -> http://www.fairviewhospital.org/education/internal/faculty.php) and are confirmed to be brothers. Both were born in Ohio and live there currently. Additionally, Nicholas Bambakidis (son of Gust and a neurologist) had, for some time, worked with Peter Bambakidis -> http://216.239.41.104/search?q=cache:3XGyCu5-zQgJ:mediswww.meds.cwru.edu/ public_affairs/medlines/03aug.pdf+nicholas+bambakidis+cleveland+clinic&hl=en&ie=UTF-8 During testimony in 2002, Dr. Peter Bambakidis was asked repeatedly by attorney Patricia Anderson (representing Bob and Mary Schindler) if he had any personal relationship with attorney George Felos -> http://www.zimp.org/bam.doc Dr. Bambakidis insisted that he did not know of Mr. Felos prior to being appointed by Judge Greer though he could not provide sufficient explanation as to his appointment nor had he ever testified in any similar court case prior to the 2002 trial of Terri Schindler-Schiavo. The supporters of the Terri Schindler-Schiavo Foundation believe these coincidences to be indication of possible collusion in the case and are calling on state officials to launch a full and thorough investigation. This apparent connection raises many questions by the Foundation as to the neutrality and integrity of the proceedings. Supporters have complained that neither state officials nor press have investigated these irregularities. By copy of this release, notice will be given to Governor Jeb Bush, State Attorney Bernie McCabe and Florida’s Attorney General Charlie Crist. Developing… Since this has crossed state lines I am including U.S. Attorney General John Ashcroft. -------- STATE OF FLORID (should read FLORIDA) COUNTY OF PINELLAS AFFIDAVIT __________ BEFORE ME the undersigned authority personally appeared PATRICIA FIELDS ANDERSON, ESQ. who being first duly sworn deposes and says: 1. My name is Patricia Fields Anderson, I am over the age of 18 years of age, and otherwise sui juris. I make this affidavit on personal information and penalty of perjury. 2. I am counsel of record in the Guardianship of Theresa Marie Schiavo, now pending before Hon. George Greer in Pinellas County. In that case I represent Robert and Mary Schindler, parents of the ward. 3. Late week before last, I obtained affidavits from three former caregivers of the ward, when she resided in local nursing homes. Two of those affidavits - Carla Sauer Iyer and Heidi Law - contain statements indicating that the ward's husband / guardian, Michael Schiavo, may have made overt attempts on his wife's life when she was residing in Palm Gardens nursing home before being placed in Hospice Woodside, where she now resides. 4. Over the Labor Day weekend just past, on Friday, August 29, 2003, Page 1 of 13 the ward was once again discharged from Morton Plant Hospital. Previously she had been discharged from Morton Plant on August 21 and re-admitted on August 24 in a septic condition with a high fever. Obviously, she was not well enough for discharge on August 21, but Mr. Schiavo ordered it. Then, on Monday, August 25, with the ward re-admitted to the hospital with sepsis - a description given by Mr. Schiavo's counsel, George Felos, Esq. - Mr. Schiavo filed an emergency motion to discontinue treatment for her. 5. On Tuesday morning, August 26, 2003, at approximately 9 a.m., my office received a phone call from Judge Greer's judicial assistant, clearing a time for a telephonic hearing for 1 p.m. later that day to set a time to hear Mr. Schiavo's emergency motion. At about 9:30 a.m., my office received a telefaxed letter, signed by Governor Jeb Bush, to Judge Greer requesting that Judge Greer appoint a guardian ad litem in the case. 6. During the 1 p.m. telephonic hearing, Judge Greer ruled that the matter of discontinuing medical treatment for the ward was not appropriately presented to the court by motion but should be presented by formal petition, with the attendant formal notice. Thus, Judge Greer, in effect, Page 2 of 13 rebuffed Mr. Schiavo's request not to treat the ward's medical condition, but Mr. Schiavo had made plain his intention that he wanted his wife to die right away. I know that reporters for the local media were present in Judge Greer's chambers during the telephonic hearing. 7. Both the Tampa Tribune and the St. Petersburg Times printed stories about the Governor's letter the following day, Wednesday, August 27, 2003. Both of those news stories attributed similar statements to Judge Greer that he did not make during the telephonic hearing. The local electronic media also carried stories about the case, as well. One of the local electronic outlet attributed a statement to Judge Greer was that he was "not inclined" to appoint a guardian ad litem for the ward, a matter of grave concern to me and my clients and a matter presently pending before Judge Greer. A copy of the transcript of the telephonic hearing was previously attached to the Motion to Disqualify Judge and is incorporated herein. 8. Specifically, the only mention on the record of the Governor's letter appears on Page 18 of the transcript: I also, and I assume everybody know that, I received a faxed letter from the Governor today. He is asking certain things. What I Page 3 of 13 intend to do with that letter is file it as I have done with other correspondence. It will be in the Court file. 9. The St. Petersburg Times reported that Judge Greer said, "I respect the Governor's position. Beyond that, (his letter) is going in the court file." The Times also reported "Greer said higher courts have mapped out how the case must proceed, and decisions by those courts don't call for further delay." The Times reported "Greer said he wasn't engaged in a 'popularity contest.' 'I don't go out on the street and survey how I'm supposed to rule.'" These statements were not made on the record, with counsel for the parties present. 10. The Tampa Tribune, similarly, reported that Judge Greer said "I read [the request from Bush] because it came from the Governor and I respect his position... Beyond that, it is going in the file." The Tribune reported "But appeals courts have already looked at the guardian issue and decided that Greer fulfills that role, the judge said Tuesday. Also, Greer said, he is under specific orders from the 2nd District Court of Appeal to schedule the removal of Schiavo's feeding tube." These statements were not made on the record, with counsel for the parties present. Page 4 of 13 11. In reading the newspaper stories and watching and listening to the electronic reporting, because of the similarity of the statements attributed to Judge Greer in both of the local newspapers and the local television and radio newscasts, it was apparent to me that Judge Greer must have made comments about the case after the conclusion of the hearing and while the reporters were still present. These comments were of more than an informational nature and indicated a predisposition to rule against the Schindlers' Petition for Immediate Therapy. 12. On Wednesday or Thursday, I learned from a local reporter that, in fact, the reporters stayed in Judge Greer's chambers after the conclusion of the telephonic hearing for some period of time, asking him questions and recording his responses. It is my firm conviction that Judge Greer, in effect, held an impromptu press conference about the merits of a case pending before him, without counsel for the parties being present. 13. I know for a fact that Judge Greer on more than one occasion has spoken directly and privately to a local news reporter about this case, Page 5 of 13 on the telephone. For example, in the summer of 2002, on the afternoon of July 10, after the conclusion of a lengthy hearing in the case during which medical testimony was received by the Court, Judge Greer told the reporter that certain testimony "made the hairs on the back of my neck stand up on end." The reporter repeated Judge Greer's comment to me, when he called me for a comment either that day or the next. I did not make an issue of these earlier comments at the time they occurred, but Judge Greer's recent conduct greatly alarms me and my clients. 14. Meantime, with yet another discharge of the ward from the hospital at mid-day on Friday, August 29, 2003, it appeared to me that Mr. Schiavo was attempting an end-run around Judge Greer's order to continue treatment. I immediately began making preparations to file a federal complaint in the United States District Court in Tampa to get emergency relief over the Labor Day weekend. 15. In the early morning hours of Saturday, August 30, 2003, some twelve hours or so after her last discharge from Morton Plant Hospital, Hospice Woodside called an ambulance to take the ward back to Morton Plant Hospital. According to her brother, who had spent Page 6 of 13 Friday night with the ward at Hospice, the ward had had an hour-long coughing and choking spell and her blood oxygen levels were low. 16. Later that morning, the ward was returned to Hospice Woodside on Saturday, August 30. At 10:30 a.m. that same day I filed a complaint and motion for temporary restraining order with the United States District Court in Tampa, at that time unaware of the ward's precise whereabouts or condition. I still have no information about why the ward was not admitted as an in-patient on Saturday, August 30 or what treatment, if any, was administered to her by Morton Plant Hospital as an out-patient. 17. On Sunday morning, August 31, 2003, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances. 18. During that conversation, which occurred about 8:45 a.m., Sheriff Rice told me that he had attended a ball game the night before with Judge Greer and that Judge Greer had told him that if Governor Jeb Page 7 of 13 Bush were a lawyer, the letter the Governor had sent to Judge Greer the preceding Tuesday would be an improper attempt at ex parte communication and would be reportable to the Bar. I concluded from this remark that Judge Greer was speaking about the case to others without counsel for the parties being present. 19. On Thursday, September 4, 2003, in conversation with Larry Crow, Esq., co-counsel for Mr. and Mrs. Schindler on this case, I learned that Judge Greer had made a virtually identical statement to a Deputy Attorney General in the Tampa office of the Florida Attorney General, namely, that were Governor Bush a lawyer, his letter to the judge would be a grievable offense under Florida Bar rules. 20. Mr. Crow filed a Motion to Disqualify Judge with our respective affidavits concerning these matters about 4 p.m. on Friday, September 5, 2003. Mr. Crow hand-delivered a courtesy copy of the motion and the affidavits to Judge Greer's chambers. 21. About 6 p.m. or so, I returned to my office from taking a short break outside the building. Sheriff Rice had called me, so I returned his call. When I spoke to him, he was very agitated about my affidavit that had just been filed. He impressed upon me that it was not Judge Greer Page 8 of 13 who had made the comment about Governor Bush's letter, it was he, himself, who had made it, and furthermore, the Sheriff stated that he had told me that Judge Greer did not discuss the case with him. 22. It is my belief that Judge Greer contacted Sheriff Rice on Friday afternoon, September 5, 2003, after he read my affidavit in support of the motion for his disqualification and either asked or instructed Sheriff Rice to call me immediately to get me to withdraw my affidavit. There is no other plausible way that Sheriff Rice could have known about the motion and affidavit. I certainly did not tell him of the affidavit or motion ahead of time and did not furnish either to him. 23. That conclusion that Judge Greer had alerted Sheriff Rice was buttressed when I spoke with Larry Crow later on in the evening on Friday, September 5, 2003. His affidavit supporting the motion for disqualification recounted a conversation he had had with the Deputy Attorney General John Carassas in Tampa. Mr. Crow told me that over the course of a few hours during Friday evening, Mr. Carassas left numerous messages on Mr. Crow's cell phone and home phone. My recollection is that Mr. Crow told me there were eleven messages on his cell phone that evening, only one not from Mr. Carassas. Page 9 of 13 24. Furthermore, this morning, Monday, September 8, 2003, I spoke with Representative Don Davis, a member of the Florida House from Jacksonville, who called me. He said he, too, has spoken with Mr. Carassas about the Terri Schiavo case. Among other things Mr. Davis told me is that Mr. Carassas had spoken with the judge about the case and that the Attorney-General's Office was "monitoring" the matter. 25. When I arrived in my office this morning, I had received a faxed letter from Sheriff Everett Rice, bearing today's date. A copy of this letter is attached hereto and incorporated herein. This letter begins by reference to an "affidavit which you faxed to me on September 5, 2003." I did not fax an affidavit to Sheriff Rice on September 5, 2003. If he received a faxed copy of an affidavit on September 5, 2003, it did not come from my office. It is my belief, however, that Judge Greer or someone at his direction may have faxed my affidavit to Sheriff Rice on Friday afternoon, and it is that fax that prompted the Sheriff's call to me. 26. Notwithstanding Sheriff Rice's telephone call to me on Friday, September 5, 2003, and his letter to me of September 8, 2003, my memory of the conversation I had with the Sheriff is as stated in Page 10 of 13 Paragraph 15 (note: should read 18), above. I have no recollection of Sheriff Rice telling me that Judge Greer had not discussed the case with him. When I had originally spoken with Sheriff Rice early on Sunday morning, August 31, 2003, he had just awakened. Our apparently differing memories of that conversation may be attributable to that fact. 27. During the conversation with Sheriff Rice on Friday afternoon, September 5, 2003, he told me that he and Judge Greer were friends and that I was going to get him in trouble with either the Judge or the Governor. I can appreciate the Sheriff's position and bear no ill will toward him, of course, but this matter is too important to ignore. 28. It is my firm conviction that, upon receiving the Motion to Disqualify Judge and the supporting affidavits late on Friday afternoon, Judge Greer contacted both Sheriff Rice and Deputy Attorney General John Carassas, in an attempt to attack the factual basis of the motion and affidavits. Such an attempt is way beyond the bounds of the judicial function and demonstrates vividly my belief that Judge Greer has become an advocate in this case. Such actions are much more extreme than debating the accuracy of fact allegations in this type of motion in open court, which the Canons of Judicial Conduct forbid. It is my Page 11 of 13 belief that Judge Greer is no longer possessed of the cold, impartial neutrality that the Canons require of any judge. It is my belief that Judge Greer has entered the arena. It is my further belief that Judge Greer's actions create the appearance of impropriety. 29. Inasmuch as the Court's failure to appoint an independent guardian for the ward is of great and immediate concern to me and my clients and the subject of a pending motion before Judge Greer, I fear that Judge Greer has pre-judged this issue, as indicated by his statements to the reporters, to the Sheriff, and to the Deputy Attorney General. I further believe that Judge Greer is repeatedly speaking about this case to others, out of the presence of counsel for the parties. 30. Mr. Crow and I are bringing the present motion in good faith and not for any purpose of delay or any other improper purpose. Mr. Crow and I tried to avoid filing these motions by requesting an administrative reassignment of the case, but those efforts were not successful. FURTHER AFFIANT SAYETH NAUGHT. Patricia Fields Anderson, Esq., Affiant Page 12 of 13 SWORN TO AND SUBSCRIBED before me this 8th day of September, 2003 by Patricia Fields Anderson, who is personally known to me and who did take an oath. Notary Public KATHLEEN R. THOMPSON My commission expires: Page 13 of 13 --- My report after attending Sept. 11 court hearing: Attorney George J Felos did all in his power to try to get Judge George W Greer to rule that Terri's feedings be terminated at 5:00PM today. Attorney's for Terri's parents read into the record affidavits from a couple of (I am assuming very prestigious) speech pathologists, etc. about the work they have done with similar patients, etc. in which the patients were able to learn to talk again, etc. and I believe eat. They also read into the record a couple of affidavits of the RN's, etc. who recently came forward (in the Emergency Federal Court hearing/motion, etc.) and reported on the criminal behavior of Michael Schiavo about how he did everything in his power to keep Terri from being rehabilitated, how he was intent on seeing her dead, etc. how he was saying: "When is she going to die?," "Has she died yet?" and "When is that bitch gonna die?" and about when she was seriously ill how he blurted out: "I'm going to be rich!" and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things.Felos tried to tell about how Michael hired some person to be with Terri all the time, etc. and take her places, but she didn't get better. Well if that is true that this person was paid to take her places it doesn't mean rehabilitation, it was just a ruse to try to make it seem like he did all these things and she didn't get better! What a joke. And Felos was trying to say how the speech pathologists, etc. had no inkling of what they are talking about, etc. George W Greer on the other hand is hell bent on following the Mandate from the Second District Court of Appeals to have Terri's artificial feeding removed. The Honoroable Mr. Greer it seems can still redeem himself as he is going to rule middle of next week with his decision. The Attorney's for Terri's parents made is crystal clear that the State of Florida, etc. has certain responsibilities under their Constitution and the United States Constitituion in regards to people, esp. in regards to wards. Terri is a disabled ward in which the State is, as her guardian, supposed to care about her well-being, and do everything in their power to see to it that all means of rehabilitation have been facilitated, etc. and this goes to the State and Federal constitutional levels. So basically they made it crystal clear in all the evidence, etc. that the Honorable Judge can still follow the Mandate from the 2nd District Court of Appeals (in which there is no specific date for termination of "artificial feeding") while also looking after the wards rights, etc. for her health and well-being, for her rehabilitation. It was a fine distinction which I think was presented beautifully and went to the root of State and Federal Constitutional matters. Basically Terri would get the rehabilitation, would learn to speak and eat, etc. and then the Honorable George W. Greer could still follow the mandate from the 2nd District Court of Appeals. Let's hope that he understands the seriousness of his responsibility to bring justice to this case. With all the evidence it is clear that Michael Schiavo is not interested in helping to guard Terri's constitutional right to life, health, happiness, well-being, etc. and Felos like any attorney representing his client is going to play it to the hilt to try to get Terri starved. See above about his weasel request at the hearing to have her feeding terminated at 5:00PM. He is a poor excuse for a human being. I am of the opinion that if Judge George W. Greer does not rule correctly in Terri's interest by opening the possibility for her rehabilitation, etc. that he, the 2nd District Court of Appeals, the Florida Supreme Court, and even up to the Federal level courts, etc. are going to be in some serious legal troubles. It is my hope that sanity and the goodness of the human heart will win the day against self-serving, idiotic, blatant, criminal acts on the part of Michael Schiavo and George J. Felos. They (Michael Schiavo and George J. Felos had succeeded in pulling the blinders over the eyes of the courts so they would see what they wanted them to see in the past but as it stands, again it is my belief that the courts can turn this around and rule in the interests (as above stated) of Terri while still allowing themselves to save face, especially considering the new evidence of the criminality of Michael Schiavo's actions and ill intents. So please do everything in your power to communicate with everyone you know. Continue to commmunicate with your representatives, etc. also continue in trying to get the attention of the President of the United States, United States Attorney General John Ashcroft, Florida Governor Jeb Bush, State of Florida Attorney General Charlie Crist. Anyone who is reading this please do everything in your power to let people know about the above and below information as Terri's life is riding on it. You can make a difference! Also see these links: http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt And be sure to visit: http://www.terrisfight.org Get the word out because sanity can still rule the day. P.S. Several affidavits including from the Emergency Federal court hearing were entered into the record. A Petition for Intervention (which follows) was also entered into the record which must be taken into consideration to protect Terri's state and federal constitutional rights: IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION In Re: The Guardianship of File No. 90-2908GD-003 THERESA MARIE SCHIAVO, Incapacitated. __________________________________// MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Petitioner, vs. ROBERT SCHINDLER and MARY SCHINDLER, Respondents. __________________________________// DECLARATION OF SERVICE BY FORMAL NOTICE _______________________________________ Respondents, pursuant to Fla. Prob. R. 5.025(b), by and through undersigned counsel, hereby declare the Petition for Expedited Judicial Intervention, Interim Judicial Review and Other Expedited Relief, served on September 10, 2003, to be adversarial in nature. I HEREBY CERTIFY that a copy of the foregoing has been furnished on this 10th day of September, 2003, by hand delivery and Federal Express overnight delivery to: GEORGE FELOS, ESQ. Felos & Felos, P.A. 595 Main Street Dunedin, FL 34698 1 HOSPICE WOODSIDE Attn: Annie Santa-Marie 6770 102nd Avenue North Pinellas Park, FL 33782 THERESA MARIE SCHIAVO Hospice Woodside 6770 102nd Avenue North Pinellas Park, FL 33782 DEBORAH A. BUSHNELL, ESQ. 204 Scotland Street Dunedin, FL 34698 DR. VICTOR E. GAMBONE 4350 West Cypress Street, Suite 540 Tampa, FL 33607 You must file your defenses on the undersigned within 20 days or such other time as the Court may set after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately thereafter. Failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice. Respectfully submitted, PATRICIA FIELDS ANDERSON, ESQ. SPN 00239201; Fla. Bar No. 352871 PATRICIA FIELDS ANDERSON, P.A. 447 Third Avenue North, Ste 405 St. Petersburg, FL 33701 (727) 895-6505; Fax (727) 898-4903 Attorney for Robert & Mary Schindler 2 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION In Re: The Guardianship of File No. 90-2908GD-003 THERESA MARIE SCHIAVO, Incapacitated. __________________________________// PETITION FOR EXPEDITED JUDICIAL INTERVENTION, INTERIM JUDICIAL REVIEW AND OTHER EXPEDITED RELIEF Petitioners, ROBERT and MARY SCHINDLER, by and through undersigned counsel pursuant to Rules 5.705 and 5.900, Florida Probate Rules, and Sections 744.371 and 744.3715, Florida Statutes, and, hereby petition this Court for an order requiring the implementation of a medically directed and supervised plan of transition to ensure the ward's ("Terri's") ability to drink fluids and ingest food without harm, delaying the removal of the feeding tube until such transition has been effected, directing that the guardian refrain from directing any health care provider with respect to the ward until such time as the Petition to Remove Guardian is ruled upon, appointing a guardian ad litem and appointing a qualified Page 1 of 12 limited guardian of the person for medical, mental, personal and social care services, and in support hereof say: 1. The petitioners are "interested persons" within the meaning of the Florida Guardianship Law. 2. This petition is timely and proper as it relates to the authority of the guardian in that a petition for interim review may be brought at "any time" and the guardian is exceeding his authority under the guardianship plan and is not acting in the best interests of the ward. 3. This petition is timely and proper as it relates to the need and timing of medical treatment procedures in that the failure to provide rehabilitation and a transition protocol will assuredly endanger Terri's life, if not kill her. 4. A hearing scheduled to be held on September 11, 2003 "solely for the purpose of entering a new order scheduling the removal of the nutrition and hydration tube."1/ Schindler v. Schiavo (In re Guardianship of Schiavo), 851 So. 2d 182 (Fla. 2d DCA 2003). Other than this narrow mandate, this Court retains jurisdiction over this guardianship. §744.372, Fla. Stat. ___________________________ 1/ Petitioners do not concede the legality of such an order given Terri's current condition, nor do they concede that such an order is equitable in light of newly discovered evidence. These grounds are reserved and are not necessary to the relief requested herein. Page 2 of 12 5. Given the guardian's repeated representations to this Court that the withdrawal of the tube will cause Terri to die, it is clear that the guardian intends to prevent the oral administration of food and water. It is this act of prevention that is intended to cause Terri's death.2/ 6. In derogation of Terri's rights, the guardian has prevented any rehabilitation or therapy that would assure a successful and non-life threatening transition from the feeding tube to oral intake. For this reason, Petitioners are justifiably alarmed that even the oral administration of food and water without appropriate therapy and a medically directed and supervised transition protocol will endanger the life of their daughter. 7. One of the purposes of the Guardianship Law is to assist an incapacitated person in meeting the essential requirements for their physical health and safety. §744.1012, Fla. Stat. This means taking "those actions necessary to provide … food … and other care without which serious and imminent physical injury or illness is more likely than not to occur." §744.102(10)(b), Fla. Stat. ___________________________ 2/ This is an act distinct from removing life support. If the "life support" in this case was a ventilator, apparently Schiavo would be planning to use a pillow to smother Terri. Page 3 or 12 8. Thus, the legislature has not authorized the use of the Guardianship Law as a basis to withhold food and other required care, or to cloak a guardian with the authority to do so. Indeed, this Court is charged with the obligation to enter "any order necessary to protect the ward." §744.371, Fla. Stat. 9. Any right to decline food and water is a privacy right that belongs to the individual. In re Guardianship of Browning, 568 So.2d 4 (Fla. 1990). The right to privacy is a "retained right" of an incapacitated person that is not "delegable;" it is not transferred to the guardian under the Guardianship Law and cannot be exercised by the guardian under the color of the Guardianship Law. §§744.3215, 744.344(5), Fla. Stat. 10. The guardian may exercise the delegated rights in such a way as to "recognize" a retained right such as privacy, but in such a case, there must be a previously expressed privacy right to recognize. See, Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992). 11. A delegated right (such as the right to medical consent) cannot be exercised in derogation of a retained constitutional right. §744.363 (6), Fla. Stat. 12. Finally, the delegated rights must be exercised by the guardian within the guardian's legal authority under Chapter 744, Florida Statutes. 13. There is at this time absolutely no evidence in the record, other than the fact Page 4 of 12 that Terri holds Catholic religious beliefs, that Terri would choose to exercise her right of privacy in such a way as to commit suicide by refusing to accept food and water by mouth. 14. Similarly, Terri has a retained right to receive rehabilitation and be free from discrimination because of her incapacity. §744.3215, Fla. Stat. 15. We know that our daughter does not want to refuse nourishment, refuse rehabilitation or commit suicide. We know that despite the isolation and neglect visited upon her by Schiavo, Terri has clearly demonstrated to us through her actions an incomparable will to live. 16. For the court to find otherwise, Schiavo will have to offer clear and convincing evidence before this court that Terri expressed such unlikely desires before her incapacity. As of this date, the record is devoid of any evidence to support such a finding. 17. It is clear in the record that Terri can swallow. Newly discovered evidence shows that she could eat Jell-o. Nevertheless, it is in Terri's best interests to transition to food and water under medical direction and supervision. 18. Schiavo has no authority and should not sign consents or otherwise direct the physicians, therapists and other care givers with respect to Terri's future nutritional needs. The exercise of even such delegable rights by the guardian Page 5 of 12 is restricted by the procedures and requirements of the Florida Guardianship Law. The authority for the guardian to act each year is found in the prior court approved guardianship report. There is no doubt in this regard: "The powers of the guardian are limited by the terms of the report." §744.369 (8), Fla. Stat. 19. In this case there is no approved guardianship report from which this guardian may draw authority. Notwithstanding a statutory scheme that mandates the timely filing and expeditious judicial review of guardianship reports, this Court has abrogated its enforcement responsibilities and allowed the guardianship to proceed for years with no approved plan - even in the fact of objections. Thus, the Court has knowingly allowed Schiavo to proceed in a totally ultra vires manner without required court supervision and in derogation of Terri's rights. 20. Furthermore, Schiavo has a conflict of interest in that, among other things,3/ he is and has been living with a woman that he intended to marry, and together they are expecting their second child. Schiavo will directly benefit, even financially, by defeating Terri's right to life and obtaining a death certificate ___________________________ 3/ For this purpose, Petitioners incorporate by reference their Petition to Remove Guardian. Page 6 of 12 rather than a divorce decree. 21. Terri has a retained right to a qualified guardian. §744.3215 (e), Fla. Stat. "It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial." §744.446, Fla. Stat. 22. Terri has the retained right to an "annual review of the guardianship plan," a right that has been defeated by Schiavo. §744.3215 (a), Fla. Stat. 23. Terri has a retained right "to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation" but Schiavo has defeated this right by neglecting her most basic needs, treating her as a chattel and (through counsel) likening her to a houseplant. §744.3215 (d), Fla. Stat. 24. Pending the removal of Schiavo as guardian and through this critical transition from the feeding tube, Terri must be heard and her rights must be represented. 25. At "any" hearing under the Florida Guardianship Law, Terri has the right to "testify, present evidence, call witnesses and confront and cross-examine witnesses." §744.1095, Fla. Stat. 26. She has a retained right to counsel. §744.3215 (1), Fla. Stat. 27. Schiavo is not qualified to act as Terri's guardian with respect to her delegated rights, has no authority in the absence of an approved guardianship Page 7 of 12 plan and is therefore exceeding his legal authority, has a disqualifying conflict of interest, has acted to defeat Terri's retained rights, and should be removed as her guardian. Because of the exigencies of the circumstances, Terri cannot wait for Schiavo to be removed as her guardian and is in need of an immediate order protecting her rights. Florida law provides this Court with guidance as to how to deal with this situation. In Glatthar v. Hoequist, 600 So. 2d 1205 (Fla 5th DCA 1992), the Court was faced with a guardian who wanted to "exercise" rather than "recognize" a retained right, and a conflict of interest on the part of the guardian that no one had challenged. The court remanded the case with this direction: The judge should again appoint a guardian ad litem to represent [the ward] to determine whether or not the plenary guardian (Glatthar) has a conflict of interest to such a degree he should be removed as guardian, and an impartial successor appointed in his place. If no compelling conflict exists, then the court could appoint a court monitor, pursuant to section 744.107 to report to the court and guardian ad litem as to whether or not any exercise of powers pursuant to section 744.441 is advisable and in the ward's best interest. The guardian ad litem could be empowered to exercise whatever powers might be required in this regard. 1d. at 1208 (footnote omitted). 28. In this case the guardian has already been challenged, so a report on that Page 8 or 12 issue is unnecessary, but a guardian ad litem is urgently needed to represent Terri's retained rights and to ensure that her life is not endangered by the withdrawal of the feeding tube. If the guardian ad litem is not empowered to do so, a qualified guardian of the person (i.e., not Michael Schiavo) should be appointed on a temporary basis (until the removal petition is heard) to direct Terri's medical care so that the feeding tube is not removed before she has had sufficient help to safely make the transition. Finally, a court monitor should be appointed to report to the court and the guardian ad litem on matters related to the Petition to Remove Guardian and such other matters as the court deems appropriate. 29. Information required by Rule 5.900 (a), Florida Probate Rules, is provided in Exhibit A and incorporated by reference herein. The documents relied upon by Petitioners are attached hereto and incorporated herein by reference. WHEREFORE Robert and Mary Schindler respectfully request this Court a. To enter an order requiring the implementation of a medically directed and supervised plan of transition to ensure the ward's ("Terri's") ability to drink fluids and ingest food without harm, b. To delay the removal of the feeding tube until such transition has been effected, Page 9 of 12 c. To direct that the guardian refrain from directing any health care provider with respect to the ward until such time as the Petition to Remove Guardian is ruled upon, d. To appoint a guardian ad litem and a qualified limited guardian of the person for medical, mental, personal and social care services, e. To appoint a court monitor and taking such other action as is necessary to protect the rights of the ward and meet the essential requirements for her physical health and safety, f. To shorten the response times in conformance with the expedited times set forth in Probate Rules 5.040, 5.705, and 5.900, and g. Such other and further relief as the Court deems necessary in the discharge of its duties under comprehensive Florida's Guardianship Laws. Page 10 of 12 Verification ____________ Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief, as provided in § 744.104, Fla. Stat. Robert Schindler, Sr., Petitioner STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this 10 day of September, 2003, by ROBERT SCHINDLER, SR., who is personally known to me and who first took an oath. Notary Public My commission expires: Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief, as provided in §744.104, Fla. Stat. Mary Schindler, Petitioner STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this 10 day of September, 2003, by MARY SCHINDLER, SR., who is personally known to me and who first took an oath. Notary Public My commission expires: Page 11 of 12 CERTIFICATE OF SERVICE _________________________ I HEREBY CERTIFY that a true copy of the foregoing has been served in accordance with the requirements of Florida Probate 5.040, 5.705, and 5.900 this 10th day of September, 2003, as set forth in the attached Declaration of Service by Formal Notice. PATRICIA FIELDS ANDERSON, ESQ. Fla. Bar No. 352871; SPN 00239201 PATRICIA FIELDS ANDERSON, P.A. 447 Third Avenue North, Suite 405 St. Petersburg, FL 33701 (727) 895-6505; Fax (727) 898-4903 Attorneys for Robert & Mary Schindler Page 12 of 12 Exhibit A to Petition for Expedited Judicial Intervention, Interim Judicial Review and Other Expedited Relief Petition information required by Rule 5.900, Fla. Prob. R. 1. The names and address of the petitioners are: Robert and Mary Schindler The Nottingham Building Apartment 402 6075 Shore Boulevard Gulfport, FL 33782. 2. The name of the person who is the subject of this petition is Theresa Marie Schindler Schiavo. she is at Hospice House Woodside, 6770 122nd Ave. N., Pinellas Park, Florida 33782. 3. The petitioners are the patents of the patient. 4. The patient's spouse and guardian is Michael Schiavo, who is represented by George Felos, Esq. 595 Main St, Dunedin, FL 34698 and by Deborah Bushnell, Esq., 204 Scotland Street, Dunedin, FL 34698. 5. There is no living will or document to exercise the patient's health care decision. 6. The administrator of Hospice Woodside is Ms Annie Santa-Marie. 7. The patient's principal treating physician is Dr. Victor Gambone, 4350 West Cypress Street, Suite 540, Tampa, FL 33607. 8. Patient's siblings have information concerning the expressed wishes of the patient. Supporting Documents 9. Attached are copies of the Order Extending Time for the Filing of the Annual Guardianship Plan, the Petition to Remove Guardian and To Appoint Successor Guardian, and affidavits of the following individuals, the originals of which have Page 1 of 2 already been filed in the court file: Robert Schindler, Sr., Mary Schindler, Suzanne Schindler, Robert Schindler, Jr., Alexander Gimon, Ph.D., Sara Green Mele, Myra Stinson, Carla Sauer Iyer, and Heidi Law. Notice 10. Notice is being served on the guardian's attorneys, on behalf of the patient and the guardian of the patient, on the patient's treating physician Dr. Victor Gambone, and on the administrator of the hospice facility Ms Annie Santa-Marie. The patient's siblings consent to these proceedings. Page 2 of 2 --- In the 6th Circuit Court of Pinellas County today, Judge George Greer declined to rule on setting a date certain for the removal of assisted nutrition and hydration to Terri Schindler-Schiavo. During this hearing, attorney George Felos, representing Michael Schiavo, had asked that Judge Greer order the removal of Terri's gastric tube, commencing by 5.00pm ET today. New information regarding Florida Statutes and guardian law were presented by attorney Celia Bachman, co-counsel to Patricia Anderson, representing the parents and siblings of Terri. Additionally, attorney Patricia Anderson read into proceedings the affidavits of two former caregivers of Terri and one speech pathologist. These documents can be found on www.terrisfight.org. It is not yet clear what day Judge Greer will give a final ruling in this case. Nor is it clear if he will consider a Petition for Intervention filed on September 10, 2003: http://www.terrisfight.org./downloads/petition%20for%20intervention.pdf Local news channel, Bay New 9 televised the proceedings live. Several demonstrators were on hand at the courthouse, showing support for Terri and answering questions of passersby. For those who could make it out, please know that your efforts are very much appreciated and your show of support for the family of this young woman is invaluable. I will be updating the web site on www.terrisfight.org as soon as possible. Thank you one and all. More to come. Pamela F. Hennessy - Media Volunteer Terri Schindler-Schiavo Foundation www.terrisfight.org phenn@zimp.org --- Here is the affidavit from speech pathologist Sara Green Mele: 07/25/03 13:20 FAX 3124217997 KINKOS GREEKTOWN 001 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 02/10 AFFIDAVIT _________ STATE OF ILLINOIS COUNTY OF COOK BEFORE ME the undersigned authority personally appeared Sara Green Mele, MS, CCC-SLP, who being first duly sworn, deposes and says: 1. My name is Sara Green Mele, and I have been engaged in the continuous private practice of speech-language pathology since 1996, and have served on the staff of the Rehabilitation Institute of Chicago from 1996 to 1999 and from 2001 to the present. Prior to that I practiced cognitive therapy at Baylor Institute for Rehabilitation in Dallas Texas. In both settings I worked with the broad range of brain injured populations. The Rehabilitation Institute of Chicago is affiliated with Northwestern University Feinberg School of Medicine, and is recognized in the United States rehabilitation community as the top facility in the United States. The Baylor Institute for Rehabilitation is affiliated with Baylor University Medical Center, and is recognized in the United States rehabilitation community as one of the top ten facilities in the United States. I am a clinical lecturer at Northwestern University Feinberg School of Medicine, and lecture at Northwestern University Feinberg School of Medicine, and lecture for continuing medical education credits (CME) through the Rehabilitation Institute's continuing education program as well as at -1- 07/25/03 13:20 FAX 3124217997 KINKOS GREEKTOWN 002 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 03/10 national conferences. In April of this year I participated in the presention of a two-day head injury course entitled Interdisciplinary Rehabilitation Management in Traumatic Brain Injury to over two hundred health professionals in Tampa, Florida. My full curriculum vitae is attached. 2. In my practice, I treat many patients who have had diffuse brain injury, both anoxic and hypoxic, and I am familiar with states of impairment known as coma, coma-like, minimally conscious and persistent vegetative state. I regularly participate in the evaluation and cognitive/linguistic diagnosis of patients whose differential diagnosis include such conditions. In connection with my practice of speech-language pathology, I also evaluate patients, and train others in the evaluation of patients for swallowing function. During my career as a speech-language pathologist, I have personally treated approximately thirty patients similar to Terri Schiavo. 3. In evaluating patients for rehabilitation, the Rehabilitation Institute of Chicago does not track the diagnosis of patients by their referring caregivers, but rather evaluates them for itself because the misdiagnosis rate is so high. 4. While I have not physically examined Terri Schiavo, I have looked at her medical records at MediPlex covering the period from January to July of 1991, including physical therapy, speech and language therapy, and -2- 07/25/03 13:21 FAX 3124217997 KINKOS GREEKTOWN 003 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 04/10 occupational therapy. Also, I have studied the video clips presented at the October 2002 Medical Evidentiary Hearing, along with audio recordings of Terri Schiavo interacting with her father in November of 2002. The observations that follow are all within the parameters of speech-language pathology, and are similar to the observations that I am called upon to make regularly in the course of treating patients as a speech-language pathologist. All conclusions are based on standards used in the speech-pathology profession in the treatment of patients such as Theresa Schiavo. 5. Based on my experience and my observation, Mrs. Schiavo is clearly aware of her environment and interacts with it, albeit inconsistently. She is able to comprehend spoken language, and can, at least inconsistently, follow simple one-step commands. This is documents both in the MediPlex records and in the following behaviors noted in the following video segments: C 01 (Examination of Dr. Cranford on July 9, 2002)- Terri appears to respond to her mother's voice, although there is not much to differentiate between a generalized and localized response in this clip. C 02 (same exam as above)- Terri appears to track a balloon. This -3- 07/25/03 13:21 FAX 3124217997 KINKOS GREEKTOWN 004 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 05/10 is difficult to verify with complete certainty for two reasons. First, many of the camera shots are too "tight" on Terri's face to be certain of the location of the balloon. Second, Dr. Cranford presents a great deal of information to Mrs. Schiavo very quickly. Even moderately brain-damaged patients have severe difficulty responding that quickly to commands. Such patients display a significant delay in processing, which Dr. Cranford does not seem to allow for. In the same clip, Terri appears to move her head toward Dr. Cranford's voice, despite limited motor ability. Clearly, once her head is positioned, she appears to move her gaze toward a voice. M 01 (Examination of Dr. Maxfield 9/4/02)- Although it is difficult to hear on the video, Terri appears to respond to the sound of her mother's voice on a cell phone held to her ear. Additionally, Terri appears to move her head as well as her eyes in tracking a balloon. M 03 (same exam as above)- Terri appears to have a purposeful laugh in response to the story from her childhood as related by her father in the video. This would appear to be an appropriate emotional reaction to latent memory. -4- 07/25/03 13:21 FAX 3124217997 KINKOS GREEKTOWN 005 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 06/10 H 01 (Examination of Dr. Hammesfahr 9/3/02)- Although Terri seems to fixate on the source of the music, there is little response until she hears her mother's voice, at which time she smiles and moans purposefully. H 04 (Same exam as above)- A loosening of Terri's muscular tone appears to be a result of a soothing effect on Terri of her father's voice. This could indicate recognition of the voice as her father's, and an appropriate emotional response. Later in this clip, Terri's behavior of looking first at Dr. Hammesfahr and then at her mother appears to be responsive to the request that she do so. When she opens and closes her eyes, she clearly appears to be following the commands of Dr. Hammesfahr to do so, although she cannot engage in this behavior consistently. H 09 (Same Exam as above)- Terri appears to keep her eyes closed on command, but it would be helpful to assess in other venues, such as relative to her neck position and visual stimulii. H 11 (Same exam as above)- Terri appears to track a balloon but -5- 07/25/03 13:21 FAX 3124217997 KINKOS GREEKTOWN 006 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 07/10 appears to be challenged by motor deficiency to move past midline. This could be secondary to an oculomotor dysfunction. 6. Terri is clearly vocalizing. She does not appear to vocalize at random during these examinations. Her vocalizations are generally purposeful and usually in response to specific environmental stimuli, most particularly family members. 7. Over the years since her injury, Terri has infrequently spoken audible words. The records of MediPlex reflect the fact that she has said "stop" in apparent response to medical procedure being done to her. The family reports that they have heard Terri say "ugh-hugh," "ugh-ugh," and "No" on a few occasions. 8. Since the time of the medical evidentiary hearing in October of 2002, family members have made a concerted effort to encourage Terri to vocalize, and have attempted, as laypersons, to coach her in basic speech. Most prominently, they have coached Terri in trying to say "yea", as a way in which she may answer "yes" to questions. The family has an audiotape recording in November of 2002 in which Terri vocalizes in apparent response to her father. Her vocalizations include repeated sounds which approximate the word "yeah," in the same manner in which she was -6- 07/25/03 13:22 FAX 3124217997 KINKOS GREEKTOWN 007 07/25/2003 10:27 7278984903 PAT ANDERSEN, ESQ PAGE 08/10 coached. Prior to that time, no member of her family recalls Terri being able to approximate the "yeah" sound. I cannot conclude that Terri can accurately answer a yes/no question without the therapy suggested below. 9. The apparent addition of an approximation of the word "yeah" to Terri's repertoire of responses is clearly a learned behavior. Her use of this sound on the audiotape is apparently in response to her father. It is reasonable to conclude that Terri is trying, despite her motor deficits, to speak as best she can. Terri is clearly a suitable candidate for speech-language therapy. 10. It is not my opinion that Mrs. Schiavo is in a coma or in a persistent vegetative state. In my opinion, she exhibits purposeful though inconsistent reactions to her environment, particularly her family. Her eye movements, easily observed on the videotape, are particularly suggestive that she recognized family members and responded. She also appears to have sufficient sustained attention to track a balloon. It is not my opinion that these behaviors are merely reflexive. The entire range of behaviors listed above, and each and every one of them, are inconsistent with a diagnosis of persistent vegetative state. 11. Even without the benefit of any medical treatment which successfully improves this patient's organic medical condition or cognitive abilities, in my opinion Terri would benefit from speech-language therapy, physical -7- 07/25/03 13:22 FAX 3124217997 KINKOS GREEKTOWN 008 07/25/2003 10:52 7278984903 PAT ANDERSEN, ESQ PAGE 02/03 therapy and occupational/recreational therapy. Her ability to interact with her environment and her ability to communicate can be enhanced. Her quality of life can be significantly enhanced. 12. I would specifically recommend that Terri be given access to a system known as an environmental control system. We use such systems at the Rehabilitation Institute of Chicago to permit patients such as Terri to exercise control over their environment, such as to turn their television or radio on or off, change channels, and to control volume. Such environmental controls may also permit Terri to control room lighting. In my opinion, Terri could make use of such a system if it were made available and she received training in its use. I would further recommend that a yes/no system be implemented, and that Terri be trained in its use from the beginning of her rehabilitation regimen. Such a system could permit Terri to more effectively communicate. 13. It is apparent that Terri has sufficient swallowing ability to handle her own secretions, therefore it would be my recommendation that she receive a modified barium swallow study to assess swallow function for intake trials of thin and thick liquids and pureed consistencies. It has been my experience that patients similar to Terri have been able to accomplish food intake. This would permit Terri greater interaction with her family and in -8- 07/25/03 13:22 FAX 3124217997 KINKOS GREEKTOWN 009 07/25/2003 10:52 7278984903 PAT ANDERSEN, ESQ PAGE 03/03 social situations through the enjoyment of mealtimes. I have worked with numerous disabled patients who have expressed to me that being able to eat would make the difference between their desiring to live or die. 14. It is my judgement based on my training and clinical experience working with patients similar to Terri that she would, within a reasonable degree of clinical probability, be able to improve her ability to interact with her environment, communicate with others, and control her environment if she were given appropriate therapy and training as outlined above. These recommendations, in my opinion, would greatly improve Terri's quality of life. FURTHER AFFIANT SAYETH NAUGHT. Sara Green Mele, MS, CCC-SLP The foregoing instrument was acknowledged before me this 25 day of July, 2003, by Sara Green Mele, also known as Sara M. Green, who produced an Illinois driver's license as identification, and who did / did not take an oath. Notary Public My commission expires: June 18, 2004 -9- FROM: CHICAGO NEUROLOGICAL INST. FAX NO. : 312 863 3040 Jul. 24 2003 03:36PM P1 SARA GREEN MELE, M.S. CCC-SLP EXPERIENCE 1/01-present Speech Language Pathologist Rehabilitation Institute of Chicago - Resource Pool, - Chicago, Illinois 6/99-1/01 Pharmaceutical Sales Representative Innovex, Inc., Chicago, Illinois - Ravenswood Territory * Represent Novartis Pharmaceuticals on their cardiovascular sales force 2/96-6/99 Speech Language Pathologist Rehabilitation Institute of Chicago, - Chicago, Illinois * Clinical Lecturer in Speech and Language Pathology, Northwestern University Medical School - Chicago Illinois * Provided rehabilitative services to adult inpatient population presenting with diagnoses including brain injury, stroke, spinal cord, head and neck cancer, and other neurological diseases * Performed and interpreted videofluoroscopic swallow studies * Supervised graduate students in speech-language pathology * Trained colleagues in videofluoroscopic studies * Developed and presented in-service conferences to fellow allied health professionals * Participated in marketing trips representing the hospital 1/94-1/96 Rehabilitation Counselor Baylor Institute for Rehabilitation, Baylor University Medical Center - Dallas, Texas * Provided adjustment counseling to patients, as well as families * Developed in-home neurorehabilitation program with allied health professionals and business administrators 7/92-1/94 Rehabilitation Counselor NeuroCare of Texas, Inc., - Irving, Texas * Created treatment programs for innovative in-home neurorehabilitation program * Assisted in marketing neurorehabilitation program to area hospitals PRESENTATIONS 05/03 "Higher level cognitive modalities involved in Community Re-entry." National Head Injury Course, Rehabilitation Institute of Chicago, Chicago, Illinois. 04/03 "Interdisciplinary Rehabilitation Management in Traumatic Brain Injury." Interdisciplinary Head Injury Course, Tampa, Florida. Two day head injury course offered to 200+ professionals 01/03 "Interdisciplinary Rehabilitation Management in Traumatic Brain Injury," Interdisciplinary Head Injury Course, Oklahoma City, Oklahoma. Two day head injury course offered to 200+ professionals 11/01 "Interdisciplinary Rehabilitation Management in Traumatic Brain Injury," Interdisciplinary Head Injury Course, Portland, Oregon. Two day head injury course offered to 200+ professionals for continuing education including: physicians, allied health professionals and nurses. 03/01 "Interdisciplinary Rehabilitation Management in Traumatic Brain Injury," Interdisciplinary Head Injury Course, Edinburg, Texas. Two day head injury course offered to 200+ professionals for continuing education including: physicians, allied health professionals and nurses. 9/00 "Interdisciplinary Rehabilitation Stroke Management." Interdisciplinary Stroke Course, Jackson, Tennessee. Two day stroke course offered to 200+ professionals including: physicians, allied health professionals and nurses at University Hospital and the surrounding areas. 5/99 "Interdisciplinary Rehabilitation Stroke Management." Interdisciplinary Stroke Course, Miami, Florida. 4/97 "Interdisciplinary Co-treatment of the Minimally Conscious Patients." Chicago, Illinois 1/97 "Post-traumatic Amnesia and Prognostic Indicators of Outcome of Closed Head Injury." Chicago, Illinois 10/96 "Functional Assessment and Therapeutic Intervention in Attention and Memory Dysfunction following Traumatic Brain Injury." Chicago, Illinois 10/96 National Head Injury Conference, Dallas, Texas EDUCATION 12/95 Master of Science, Communication Disorders University of Texas at Dallas - Callier Center for Communication Disorders - Southwestern Medical School, Dallas, Texas 12/91 Master of Science, Rehabilitative Administration and Counseling University of North Texas, Denton, Texas 5/89 Bachelor of Science, Speech Pathology and Education Baylor University, Waco, Texas --- Past commentary: Please communicate with your representatives about this case. Share it with as many people as you can and ask that they in turn do the same. This is happening right now. The Federal Courts (up to this time, Sept. 9) have not stepped up to their duty, responsibility, etc. of stopping the madness even after the Federal and Constitutional laws are being broken. Judge Lazzara took no action on Sept. 2 even after hearing all the facts: Judge Richard Lazzara said that the papers introduced by Terri's parents attorneys were quickly put together and that he doesn't know if he has jurisdiction (he is a Federal Judge and the Federal/Constitutional laws are being broken and he doesn't know if he has jurisdiction! I guess he doesn't know the power of the Federal level nor the sanctity of Terri's right to life and the laws that in my opinion criminal Michael Schiavo and George J. Felos are breaking i.e.: The Constitution and George W. Bush's American Disabilities Act, etc.! http://www.usdoj.gov/crt/ada/adahom1.htm) This is how Lazzara shirked his responsibilities and dismissed what came to light at the Sept. 2 Emergency Hearing. He now wants a reformulation which can be heard in 10 or 12 days. Meanwhile Terri continues to be held hostage by these cruel men with their pending unjustified, un-called for, etc. death warrant. This is what Lazzara wanted them to discuss: The parties shall be prepared to address the jurisdiction of this Court in terms of the doctrine of state action, the doctrine of Rooker-Feldman.1 and whether the various federal statutes relied on by the Plaintiffs apply in light of the allegations of the complaint. ---- 1 See District of Columbia Court of Appeals v. Feldman, 103 S. Ct. 1303 (1983); Rooker v. Fidelity Trust Co., 4 S. Ct. 149 (1923). I am of the opinion that he (Lazzara) had better start caring about helping Terri by getting guardianship back to Terri's parents and by getting Michael Schiavo away from Terri for good (by restraining order or putting him in a jail cell) or he may be guilty of a Federal crime. The state and federal courts in concert with Michael Schiavo and George J. Felos have been playing with Terri's life as if it were a yo-yo. What is readily apparent is that she has the will to live and she deserves the rehabilitation that she was promised and Michael shouldn't be allowed to get away with fraud and intent to murder in this regard. Apparently all the money ($1,200,000 dollars of which was won in a malpractice lawsuit) was never spent on this and instead was used to put Terri in nursing homes and hospices where she was refused any kind of rehabilitation whatsoever. Michael simply refused her any rehabilitation. He committed fraud. His non-party co-conspirator George J. Felos has collected over $550,000 in fees in his quest to kill Terri, the monies of which have come from the funds supposed to be used for Terri's rehabilitation. Felos' mission is to extinguish Terri's life "with dignity". How absurd! The complete fraud, which the State of Florida's Attorney General Charlie Crist has sworn to battle against is now staring us right smack in the face. How can the monies which were won for Terri's rehabilitation (and which were sworn to be spent on her rehabilitation) be spent instead on paying someone to have her killed? Does this not smack of something highly criminal? This is fraud and it is criminal in the most high degree. Michael swore in court and under oath that the monies were to be for her rehabilitation! Her rehabilitation plan was laid out and the jury awarded the $1,200,000. I ask again how can this be spent to extinguish her life without any repercussions to Michael for his fraud? His familiar friend should be a jail cell in my opinion. Apparently the first video clip in the news clip is of Terri now. She is even raising her body forward. Terri is not comatose nor is she in a "permanent vegetative state" (PVS). This is a lie. See for yourself: http://webpages.charter.net/honeygrl/terri_schindler.asf In the news clip (News Channel 10) states this is about getting her medical records. This is far from just getting her medical records. See most of the entirety of the Federal Court documents further below. Adding insult to injury Pinellas-Pasco Judge George Greer hasn't even visited Terri in person. Why does he want to let Michael Schiavo and George Felos get away with murder? To exculpate himself the Honorable Judge George Greer says he is following a mandate from the 2nd District Court of Appeals. The only thing is that this was before the most damning evidence came out in Federal Court Affidavits as to Michael Schiavos complete charade and his true intentions of wanting to see Terri dead. Attorney George J. Felos to top it off wants his next book to be about Terri and how he helped her out of her body. Apparently this "yoga" teacher will stop at nothing in his sick Messianic charade as the "right-to-die" (even if it is forced) "death with dignity" savior of the elderly and disabled. Examples are given in the Federal Court documents from his so-called New Age book Litigation as Spiritual Practice. To Felos it is all a game and as long as he is making tons of money the game must go on! Terri is and has been his next pet project and according to at least one newspaper interview. Felos apparently has a framed picture of Paramahansa Yogananda which he holds in high regard. He pretends to worship highly Paramahansa Yogananda who was on the path of the heart or love yet he and the man he represents wants to have Terri murdered and not only that by starvation and dehydration. This is what he calls "death with dignity"! Considering his actions what a joke! Except no one is laughing. To get back to Greer. Greer says that says he is following a mandate from the 2nd District Court of Appeals and that Jeb can basically go to hell (putting his letter in the file). Now it turns out that the Honorable Pinellas-Pasco Judge George Greer has been talking to others about the case without attorneys of both parties being present and that he is biased against Terri's right to life. It appears he has a bias towards Michael Schiavo and George J. Felos despite trickery of convincing the court that she should be killed and despite in my opinion the blatant criminal misdeeds on their own parts. The fact of the matter is that the hands of the 2nd District Court of Appeals, the Honorable Judge George Greer, and the Florida Supreme Court will have Terri's blood on their hands if Jeb doesn't step in and do something. Jeb himself will have her blood on his hands if he doesn't. Governor Jeb Bush has the power to: a) initiate a criminal investigation of Michael Schiavo and George J. Felos and maybe even Greer himself if Greer doesn't consider all the facts brought out in the Emergency Federal Court Hearing. b) step in and suspend George Greer (again considering all of the evidence that has come to light in the Emergency Federal Court Hearing which occurred on Sept. 2 and the facts which came out concerning Michael Schiavo and his non-party co-conspirator George Felos' fraud) for his impropriety, gross negligence, misconduct, etc. if he goes ahead and sets a date for removal of her feeding tube on Sept. 11 [we have the reference to the Florida State law that this is covered under and he has the power to suspend Pinellas-Pasco Judge George Greer: 112.52 Removal of a public official when a method is not otherwise provided.-- (1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any misdemeanor arising directly out of his or her official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term. (2) During the period of the suspension, the public official shall not perform any official act, duty, or function or receive any pay, allowance, emolument, or privilege of office. (3) If convicted, the public official may be removed from office by executive order of the Governor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication. (4) If the public official is acquitted or found not guilty, or the charges are otherwise dismissed, the Governor shall by executive order revoke the suspension; and the public official shall be entitled to full back pay and such other emoluments or allowances to which he or she would have been entitled had he or she not been suspended. History.--s. 1, ch. 80-333; s. 720, ch. 95-147.] c) call an emergency session in the legislature to find a way to help Terri by creating a new law or by amending the law regarding 'exit protocol' etc. So get on your phones to your reps, to Jeb and to Attorney General Charlie Crist, to President Bush and Attorney General John Ashcroft (regarding the federal crimes that have broken) to initiate a criminal investigation and to stop this madness, for them to give guardianship back to Terri's parents where it belongs (they want to give her the rehabilitation). Michael promised Terri's rehabilitation but once he got the $1,200,000 he suddenly remembered that Terri said she wouldn't want to live by any "artificial" means. Not only did he have no proof (only hearsay) but this tactic was purely for him to be able to try to get Terri starved to death. He refused to let her have swallow tests, etc. or get any rehabilitation. He didn't get her wheelchair repaired. He didn't take her outside, etc. What kind of person would do this? Only a person who has criminal intent on murder. Now he is trying to get away with this under the color of law and Judge George Greer is happily playing into his hands with the help of George J. Felos. Terri is disabled and not in a "permanent vegetative state" (PVS), nor is she in a coma. Any judge in his right mind would be able to see past the trickery of Michael Schiavo and George J. Felos! In my opinion Michael Schiavo and George J. Felos, etc. need to be severely punished for their crimes and if anyone else knowingly has aided them they too should also pay. It is obvious that Terri has a right to life and as before stated she has the right to the rehabilitation she was supposed to be getting. There is so much that can be done these days with the technology we have today in regards to rehabilitation. With your help perhaps we can stop "these criminals" in their tracks. Below are just some of the mentioned contacts. You can expand on this by contacting your friends, representatives, media, etc. as well. What is sought is a geometrical response that will certainly be bound to help Terri to live and get her rehabilitation, etc. and under the guardianship of those who love her: namely her parents. Terri also has a brother and sister who love her very much and love her just as dearly as her parents. Michael Schiavo on the other hand has a child by another woman and another on the way! It appears that he has quite the conflict of interest and should no longer be Terri's guardian. He has intent to kill and it has been apparent since the day that he refused Terri's rehabiliation after winning the $1,200,000 malpratice lawsuit. Now that "the money is gone" according to (in my opinion) his good for nothing attorney George J. Felos it is even more apparent that Michael Schiavo has other things he is trying to hide. === Refs: supremecourt@flcourts.org Substantive Contacts: Craig Waters for the Supreme Court, (850) 414-7641, watersc@flcourts.org Brenda Johnson, for the Office of the State Courts Administrator, (850) 922-5081, johnsonb@flcourts.org Executive Office of Governor, Legal Team to Jeb (ask to speak to the following individuals): Robert H. Fernandez (Deputy General Counsel to Governor) -> fernanr@eog.state.fl.us Raquel A. Rodriguez (General Counsel to Governor) -> raquel.rodriguez@myflorida.com Christa Calamas (Assistant General Counsel to Governor) -> calamac@eog.state.fl.us 850 / 488-3494 (voice) 850 / 488-9810 (fax) Jeb Bush, Governor -> jeb@myflorida.com,jeb.bush@myflorida.com Voice: (850)488-4441 Voice: (850)488-7146 Fax: (850)487-0801 Executive Office of the Governor 400 S. Monroe Street The Capitol Tallahassee, Florida 32399-0001 Ask to speak to Lauren O'Conner Attorney General Charlie Crist -> ag@oag.state.fl.us Office of Attorney General Charlie Crist State of Florida The Capitol PL-01 Tallahassee, FL 32399-1050 Main office telephone numbers Voice: (850)414-3990 Fax: (850)487-2564 Additional added note: A criminal investigation needs to be conducted by John Ashcroft. Please demand of President Bush to initiate an investigation so that Mr. Ashcroft can get involved: President George W. Bush c/o The White House 1600 Pennsylvania Ave. N.W. Washington, D.C. 20500 Voice: (202)456-1111 Switchboard: (202)456-1414 Fax: 1 202 456 2883 TTY/TDD Comments: 202-456-6213 Visitors Office: 202-456-2121 Although you'll get an automated response, here are the e-mails for GW and Cheney: President George W. Bush: president@whitehouse.gov Vice President Richard Cheney: vice.president@whitehouse.gov Fax: 1 202 456 2710 United States Attorney General John Ashcroft: (AskDOJ@usdoj.gov) Fax:202/514-1009 NOTE: Free faxing for entire Washington D.C. area: www.tpc.int/sendfax.html Format of number to input is: (ex. Pres. U.S. [POTUS]) -> 1 202 456 2461 (ex. Ashcroft) -> 1 202 514 1009 Vice Pres. Dick Cheney 1 202 456 2710 U.S. Senator John W Warner 1 202 224 6295 U.S. Senator Bob Graham 1 202 224 2237 House Representative Corrine Brown 1 202 225 2256 House Representative Henry Hyde 1 202 225 1166 etc. U.S. Senate: http://www.senate.gov/general/contact_information/senators_cfm. Important Florida House and Senate Contacts: Bob Marshall: bob.marshall@trincomm.org Speaker Johnny Byrd: speakerbyrd@myfloridahouse.com Sen. Jim Sebesta: sebesta.jim.web@flsenate.gov Senator Daniel Webster: drawdy.ann.so9@flsenate.gov (Senator Webster’s email is to his aide) Senator Tom Lee: lee.tom.web@flsenate.gov --- Florida House of representatives e-mails: cusack.joyce@myfloridahouse.com; culp.faye@myfloridahouse.com; cretul.larry@myfloridahouse.com; clarke.donna@myfloridahouse.com; carroll.jennifer@myfloridahouse.com; cantens.gaston@myfloridahouse.com; speakerbyrd@myfloridahouse.com; bullard.edward@myfloridahouse.com; bucher.susan@myfloridahouse.com; brutus.phillip@myfloridahouse.com; brummer.fred@myfloridahouse.com; brown.donald@myfloridahouse.com; brandenburg.mary@myfloridahouse.com; bowen.marty@myfloridahouse.com; bilirakis.gus@myfloridahouse.com; berfield.kim@myfloridahouse.com; benson.holly@myfloridahouse.com; bense.allan@myfloridahouse.com; mindingall.dorothy@myfloridahouse.com; bean.aaron@myfloridahouse.com; baxley.dennis@myfloridahouse.com; barreiro.gustavo@myfloridahouse.com; baker.carey@myfloridahouse.com; ausley.loranne@myfloridahouse.com; attkisson.frank@myfloridahouse.com; arza.ralph@myfloridahouse.com; antone.bruce@myfloridahouse.com; anderson.tom@myfloridahouse.com; ambler.kevin@myfloridahouse.com; altman.thad@myfloridahouse.com; allen.bob@myfloridahouse.com; holloway.tee@myfloridahouse.com; henriquez.bob@myfloridahouse.com; hasner.adam@myfloridahouse.com; harrington.lindsay@myfloridahouse.com; harrell.gayle@myfloridahouse.com; harper.james@myfloridahouse.com; greenstein.ron@myfloridahouse.com; green.carole@myfloridahouse.com; gottlieb.ken@leg.state.fl.us; goodlette.dudley@myfloridahouse.com; gibson.hugh@myfloridahouse.com; audrey.gibson@myfloridahouse.com; gelber.dan@myfloridahouse.com; gardiner.andy@myfloridahouse.com; garcia.rene@myfloridahouse.com; gannon.anne@myfloridahouse.com; galvano.bill@myfloridahouse.com; fiorentino.heather@myfloridahouse.com; fields.terry@myfloridahouse.com; farkas.frank@myfloridahouse.com; evers.greg@myfloridahouse.com; domino.carl@myfloridahouse.com; detert.nancy@myfloridahouse.com; dean.charles@myfloridahouse.com; davis.mike@myfloridahouse.com; davis.don@myfloridahouse.com; zapata.juan@myfloridahouse.com; wishner.roger@myfloridahouse.com; wiles.doug@myfloridahouse.com; waters.leslie@myfloridahouse.com; vana.shelley@myfloridahouse.com; troutman.baxter@myfloridahouse.com; stargel.john@myfloridahouse.com; stansel.dwight@myfloridahouse.com; spratt.joseph@myfloridahouse.com; sorensen.ken@myfloridahouse.com; sobel.eleanor@myfloridahouse.com; smith.chris@myfloridahouse.com; slosberg.irving@myfloridahouse.com; simmons.david@myfloridahouse.com; seiler.jack@myfloridahouse.com; sansom.ray@myfloridahouse.com; ryan.tim@myfloridahouse.com; russell.dave@myfloridahouse.com; rubio.marco@myfloridahouse.com; ross.dennis@myfloridahouse.com; roberson.yolly@myfloridahouse.com; robaina.julio@myfloridahouse.com; rivera.david@myfloridahouse.com; richardson.curtis@myfloridahouse.com; ritter.stacy@myfloridahouse.com; rich.nan@myfloridahouse.com; reagan.ron@myfloridahouse.com; quinones.john@myfloridahouse.com; prieguez.manuel@leg.state.fl.us; POPPELL.RALPH@myfloridahouse.com; planas.jc@myfloridahouse.com; pickens.joe@myfloridahouse.com; peterman.frank@myfloridahouse.com; paul.jerry@myfloridahouse.com; patterson.pat@myfloridahouse.com Florida Senate e-mails: alexander.jd.web@flsenate.gov; argenziano.nancy.web@flsenate.gov; aronberg.dave.web@flsenate.gov; atwater.jeffrey.web@flsenate.gov; bennett.mike.web@flsenate.gov; bullard.larcenia.web@flsenate.gov; campbell.walter.web@flsenate.gov; carlton.lisa.web@flsenate.gov; clary.charlie.web@flsenate.gov; constantine.lee.web@flsenate.gov; cowin.anna.web@flsenate.gov; crist.victor.web@flsenate.gov; dawson.mandy.web@flsenate.gov; portilla.alex.web@flsenate.gov; dockery.paula.web@flsenate.gov; fasano.mike.web@flsenate.gov; garcia.rudy.web@flsenate.gov; geller.steven.web@flsenate.gov; haridopolos.mike.web@flsenate.gov; hill.anthony.web@flsenate.gov; jones.dennis.web@flsenate.gov; king.james.web@flsenate.gov; klein.ron.web@flsenate.gov; lawson.alfred.web@flsenate.gov; lee.tom.web@flsenate.gov; lynn.evelyn.web@flsenate.gov; margolis.gwen.web@flsenate.gov; miller.lesley.web@flsenate.gov; peaden.durell.web@flsenate.gov; posey.bill.web@flsenate.gov; pruitt.ken.web@flsenate.gov; saunders.burt.web@flsenate.gov; sebesta.jim.web@flsenate.gov; siplin.gary.web@flsenate.gov; smith.rod.web@flsenate.gov; villalobos.alex.web@flsenate.gov; schultz.debbie.web@flsenate.gov; wilson.frederica.web@flsenate.gov; wise.stephen.web@flsenate.gov Additional FL Senate contact info. inc. phone, fax nos. etc.: Florida Senate Contact Info: Alexander, JD District Office: 391 Avenue A, S.W. Winter Haven, FL 33880-2931 (863) 298-7677 SunCom: 515-2250 FAX: (863) 298-7680 FAX SunCom: 515-2252 State-wide: 1-800-444-9747 Legislative Assistants: Lisa Griffin, Rebecca "Betsy" Hutchison and Scott Herndon 403 S. Commerce Ave. Sebring, FL 33870 (863) 386-6016 SunCom: 742-6016 Legislative Assistant: Larry Ford Email: alexander.jd.web@flsenate.gov -------------------------------------------------------------------------------- Argenziano, Nancy District Office: 1120 North Suncoast Blvd. Crystal River, FL 34429 (352) 860-5175 SunCom 664-5175 Statewide: 1-866-538-2831 Legislative Assistants: Janet Oehmig and Judy Wells 1025 SW 1st Avenue, Suite C Ocala, FL 34474 (352) 402-6664 SunCom 667-6664 Legislative Assistant: Elizabeth Peterson Email: argenziano.nancy.web@flsenate.gov -------------------------------------------------------------------------------- Aronberg, Dave District Offices: 3900 Woodlake Blvd. Suite 301 Greenacres, FL 33463 (561) 433-2627 SunCom: 232-2627 FAX: (561) 434-3995 Legislative Assistants: Becki Siegendorf and Paul Copeland 2120 Main Street Suite 206 Fort Myers, FL 33901 (239) 338-2646 SunCom: 748-2646 FAX: (239) 338-2648 FAX SunCom: 748-2648 Legislative Assistant: Sheri Altstatt Email: aronberg.dave.web@flsenate.gov -------------------------------------------------------------------------------- Atwater, Jeffrey H. "Jeff" District Office: 824 US Highway 1, #210 North Palm Beach, FL 33408 (561) 625-5101 SunCom: 242-5101 FAX: (561) 625-5103 Legislative Assistants: Jessica Jaeger and Travis Chapin Oakland Park City Hall 3650 NE 12th Avenue Oakland Park, FL 33334 (954) 847-3518 FAX: (954) 847-3519 Legislative Assistant: Michelle Mattox Email: atwater.jeff.web@flsenate.gov -------------------------------------------------------------------------------- Bennett, Michael S. "Mike" District Office: 3653 Cortez Road West Suite 90 Bradenton, FL 34210 (941) 727-6349 SunCom: 516-4153 FAX (941) 727-6352 State-wide: 1-800-500-1239 Legislative Assistants: Peg Faulkner and Cheryl Ennis Email: bennett.mike.web@flsenate.gov -------------------------------------------------------------------------------- Bullard, Larcenia J. District Office: 8603 S. 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Your thoughts are reviewed and appreciated, however, due to the high volume of email messages received, I cannot respond to each one personally. If you reside in District 23 and require a reply or assistance with a problem, please call my office or write me at the above address. -------------------------------------------------------------------------------- Clary, Charlie District Office: Suite A 1241 Airport Road, Destin, FL 32541 (850) 833-9159 SunCom 674-9159 Legislative Assistants: Peggy Hicks, Allison Carter and Stacey Allen FSU-Panama City Campus 4750 Collegiate Drive Panama City, FL 32405 Legislative Assistant: Paul Runk Email: clary.charlie.web@flsenate.gov -------------------------------------------------------------------------------- Constantine, Lee District Office: Suite 1268 378 Centerpointe Circle Altamonte Springs, FL 32701-3442 (407) 331-9675 SunCom 346-7578 Legislative Assistants: Joseph Durso and Christopher Block Email: constantine.lee.web@flsenate.gov -------------------------------------------------------------------------------- Cowin, Anna P. District Office: 716 W. Magnolia Street Leesburg, FL 34748 (352) 315-9335 or 360-6750 SunCom 668-6751 FAX (352) 360-6754 FAX SunCom 668-6754 Legislative Assistant: James "Alex" Kelly Staff Assistant: Anne-Marie Norman 1155 County Road 4139 Building 4, Suite 130 Deland, FL 32724-6429 (386) 228-1112 SunCom 389-1112 Legislative Assistant: Starr Ford Email: cowin.anna.web@flsenate.gov -------------------------------------------------------------------------------- Crist, Victor D. District Office: Suite B 11961 N. Florida Avenue Tampa, FL 33612 (813) 975-6658 SunCom 512-8976 Legislative Assistants: Brandon Wagner, Carol Antrim and Brett Cyphers Email: crist.victor.web@flsenate.gov -------------------------------------------------------------------------------- Dawson, M. Mandy District Office: Suite 209 33 N.E. 2nd Street Ft. 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District Office: Suite 204 400 South Federal Hwy. Hallandale Beach, FL 33009 (954) 893-5089 SunCom 473-5089 Legislative Assistants: Sandra J. Bergman, John Laurance Reid and Gail R. 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District Office: 8940 Seminole Blvd. Seminole, FL 33772 (727) 549-6411 SunCom: 517-4531 FAX: (727) 549-6413 FAX SunCom: 517-4533 Legislative Assistants: Betsy Collins, Doris Burns and Liada LaBonte Email: jones.dennis.web@flsenate.gov -------------------------------------------------------------------------------- King, James E. "Jim", Jr. Capitol Office: Suite 409 The Capitol 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5030 SunCom 277-5030 Fax (850) 487-5368 Fax SunCom 277-5368 District Office: Suite 108 9485 Regency Square Boulevard Jacksonville, FL 32225-8145 (904) 727-3600 SunCom 841-3600 Fax (904) 727-3603 Fax SunCom 841-3603 Legislative Assistants: Kay Rousseau, Rebecca Stagg and Kelly Williams District-wide: 1-888-861-9761 Email: king.james.web@flsenate.gov -------------------------------------------------------------------------------- Klein, Ron District Office: Suite 305A 3333 S. 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Box 2743 Brandon, FL 33509 (813) 744-8683 SunCom 512-2599 FAX (813) 744-8556 FAX SunCom 512-2597 Legislative Assistants: Ronald Pierce, Becky Simmons and Dee Fletcher Email: lee.tom.web@flsenate.gov -------------------------------------------------------------------------------- Lynn, Evelyn J. District Office: 140 South Atlantic Avenue, #201 Ormond Beach, FL 32176 (386) 676-4000 SunCom: 370-4000 Legislative Assistants: Kathy Campbell, Linda Walker and Charlyn Thompson 3330 S.E. Maricamp Rd. Ocala, FL 34471-6248 (352) 694-0160 Legislative Assistant: Jeanne McIntosh 200 South 7th Avenue Room 1-C Palatka, FL 32177-4612 State-wide: 1-866-831-2665 Legislative Assistant: Jeanne McIntosh Email: lynn.evelyn.web@flsenate.gov -------------------------------------------------------------------------------- Margolis, Gwen District Offices: HSBC Bank Bldg. 301 41st Street, 3rd Floor Miami Beach, FL 33140 (305) 535-5432 SunCom: 465-5432 Legislative Assistants: Marisa Bluestone, Gwynne Gonzalez and Karen Simon Email: margolis.gwen.web@flsenate.gov -------------------------------------------------------------------------------- Miller, Lesley "Les", Jr. District Office: Suite 302 2109 Palm Ave. Tampa FL 33605 P.O. Box 5993 Tampa, FL 33675-5993 (813) 272-2831 SunCom 512-3700 FAX (813) 272-2833 Legislative Assistants: Randolph Kinsey, Wanda Beckham and Michael Kinsey Email: miller.lesley.web@flsenate.gov -------------------------------------------------------------------------------- Peaden, Durell, Jr. District Offices: 598 North Ferdon Blvd. Crestview, FL 32536-2753 (850) 689-0556 SunCom 675-7930 Legislative Assistants: Roger Robinson and Ann McGraw Unit E-103 744 E. Burgess Road Pensacola, FL 32504 (850) 484-9898 SunCom 475-5556 Legislative Assistants: Susan Levine and Tammy Ford Email: peaden.durell.web@flsenate.gov -------------------------------------------------------------------------------- Posey, Bill District Office: Suite 108 1802 S. Fiske Boulevard Rockledge, FL 32955-3007 (321) 690-3484 SunCom 362-3484 Legislative Assistants: Patrick Gavin and John Mac Iver Email: posey.bill.web@flsenate.gov -------------------------------------------------------------------------------- Pruitt, Ken District Offices: Suite 200 1850 SW Fountainview Blvd. Port St. Lucie, FL 34986-3443 (772) 344-1140 SunCom 222-4100 FAX (772) 344-4102 SunCom FAX 222-4102 Legislative Assistants: Elaine Keller, Carrie Lira and Ann Bolduc Suite 211 222 South U.S. Hwy. 1 Tequesta, FL 33469 (561) 747-1166 SunCom 242-6922 FAX (561) 624-6923 SunCom FAX 242-6923 Legislative Assistant: Ginger Baldwin Email: pruitt.ken.web@flsenate.gov -------------------------------------------------------------------------------- Saunders, Burt L. District Offices: Administration Building Suite 304 3301 E. Tamiami Trail Naples, FL 34112-4902 (239) 417-6220 SunCom 754-6220 FAX (239) 417-6223 FAX SunCom 754-6223 Legislative Assistant: Rebecca Kokkinos Suite 310 1039 S.E. 9th Place Cape Coral, FL 33990-3095 (239) 338-2777 SunCom 748-2777 FAX (239) 338-2779 FAX SunCom 748-2779 Legislative Assistant: Randi Rosete and Douglas Pile Email: saunders.burt.web@flsenate.gov -------------------------------------------------------------------------------- Sebesta, Jim District Office: Gateway Corporate Center Suite 319 9887 4th Street North St. Petersburg, FL 33702 (727) 563-0377 or (727) 217-7088 SunCom 513-5352 FAX (727) 217-7090 FAX SunCom 513-5354 Legislative Assistants: Cheri Engala and Sue Berfield Hillsborough County: (813) 221-6044 Email: sebesta.jim.web@flsenate.gov -------------------------------------------------------------------------------- Siplin, Gary District Office: 5020 Silver Star Road Orlando, FL 32808 (407) 297-2071 SunCom: 326-2071 FAX: (407) 522-2153 Legislative Assistant: Naomi Cooper, Sarah Caraballo and Monica Harris Email: siplin.gary.web@flsenate.gov -------------------------------------------------------------------------------- Smith, Rod District Office: Suite 2A 2727 N.W. 43rd Street Gainesville, FL 32606 (352) 375-3555 SunCom 625-6260 District-wide: 1-866-778-2300 Legislative Assistants: Tonya Shays, Pat Shays, Mike Murtha, Nancy Williams and Elizabeth Dobbin Email: smith.rod.web@flsenate.gov -------------------------------------------------------------------------------- Villalobos, J. Alex District Office: Suite 202-A 2350 Coral Way Miami, FL 33145-3500 (305) 222-4160 SunCom 479-4160 Legislative Assistants: Vicky Romaguera-Garcia, Norma Ledesma and Nanea Marcial Email: villalobos.alex.web@flsenate.gov -------------------------------------------------------------------------------- Wasserman Schultz, Debbie District Office: Building B, Second Floor 10100 Pines Blvd. Pembroke Pines, FL 33026-3900 (954) 704-2934 (305) 919-7838 SunCom 430-2934 FAX (954) 704-2936 FAX SunCom 430-2936 Legislative Assistants: Julia Lopes, Judith Knopp and Mayte Canino Email: schultz.debbie.web@flsenate.gov -------------------------------------------------------------------------------- Webster, Daniel District Office: 315 South Dillard Street Winter Garden, FL 34787 (407) 656-0066 SunCom 326-2062 FAX (407) 297-2064 Legislative Assistants: Ann Drawdy and Cindy Brown -------------------------------------------------------------------------------- Wilson, Frederica S. District Office: 18425 N.W. 2nd Avenue Suite 310 Miami, FL 33169 (305) 654-7150 FAX: (888) 284-8589 Legislative Assistants: Joan Glickman and Patricia Lightfoot Secretary: Tyrone McIntosh Email: wilson.frederica.web@flsenate.gov -------------------------------------------------------------------------------- Wise, Stephen R. District Office: 3520-2 Blanding Boulevard Jacksonville, FL 32210-5253 (904) 573-4900 SunCom 884-4900 FAX (904) 573-3989 FAX SunCom 884-3989 Statewide: 1-866-365-2124 Legislative Assistants: Dee Alexander, Cheryl Almond and Barbara Fuller Email: wise.stephen.web@flsenate.gov Please act now. Juan Schoch Concerned Florida Resident United States Citizen Refer to these links: http://www.terrisfight.org http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt Concerning Sept. 11 at the Courthouse in Clearwater --------------------------------------------------- Loc: CLEARWATER COURTHOUSE 315 Court Street Clearwater, FL 33756 Demonstrators are welcome to convene at the Clearwater Courthouse on Court Street and Fort Harrison in Clearwater, FL. Thursday, September 11, 2003 is the scheduled hearing when Judge Greer is expected to select a date for termination of Terri's nutrition and hydration. The front lawn of the courthouse sits directly on Fort Harrison. There is a large sidewalk (public property) directly in front. Bring signs. You can purchase poster board, black paint and a small brush for under $5.00 total. There is also reinforced poster board that does well in a breeze or rainy conditions for a dime or so more. If you plan on attending, the hearing begins at 10.00 am. People begin to arrive for work at the complex by 8.30 am. Additionally, traffic along Fort Harrison is good and steady from 7.30 until about 9.30, so any time is appropriate. Though a public sidewalk is considered encroachment, it is in front of a courthouse and the police station is a stone's toss away, so a PEACEFUL assembly is the only appropriate course. Dress comfortably and bring a bottle of water. It's certain to be warm. Be prepared to speak to the media and know that they will be swarming that day. Explain to them why you got involved, what it means to you, why it causes you worry. No need to try and wrestle with the legal proceedings. There is a lot of foot traffic in front of the courthouse as well. If someone stops and asks what all the fuss is about, take a bit of time to chat them up about Terri. They will probably thank you for it. Direct them to the web site, if you think of it. Above all, the more the merrier. Understanding that people have jobs, obligations, families and bills to pay... if you can make the time, you are welcome and appreciated. Note: Any actions to show solidarity are welcome if you can't make it please get together with others for any media or other actions, etc. if you are compelled. --- AnnaZ's Interview w/ Bob Schindler, Jr. - Terri Schindler-Schiavo's brother [Rough Transcript] AnnaZ's "RADIOFR'S *UNSPUN* TONITE: TERRI'S FIGHT" ^ | Sept. 6, 2003, from Sept. 4 interview | AnnaZ and Bob Schindler, Jr. Posted on 09/06/2003 6:58 PM PDT by Ragtime Cowgirl Unspun with AnnaZ (& 'Feinie') - w/ guest Bob Schindler, Jr., brother of Terri Schindler-Schiavo. Thurs. Sept. 4, 2003, Rough transcription - minus the first few questions and using a scratchy tape - beginning, sorry. Time is short. --------------------------------------------------------------------- (Terri 'collapsed' at age 26, in 1990) A: What is your belief about what caused this collapse? B: Well, at the time, we weren't certain. I didn't suspect that her husband could possibly be behind it. We were all very concerned with her well being, but it wasn't until recently - last year - that some very disturbing, troubling, medical evidence surfaced - which really raises (questions). (It's) something my father had suspected for a long, long time..a lot longer than I had, that Michael could possibly have been behind Terri's (collapse). A: So that it may have been physically brought on. Now, there are apparently x-rays that show bone fractures and things like that? B: That is correct. That's what the terrible truth (is). That surfaced, I believe, in Nov. of 2002. Bone scans indicated severe trauma throughout Terri's body. A: What have the doctors ... have they said (what) they believe may have caused her to collapse? B: Well, it's never been investigated. That's one of the things..that we're (trying) to get done...(get investigated - give to) ..state attorneys in Florida..We went there. They also have a doctor's testimony, who said that he has only - I forget his name - but he came across only one other person who had the same neck position as Terri and that person's neck position was caused by strangulation...So he persists, and saw the bone scan..very troubled by the new evidence. Along with quite a bit of the circumstantial evidence that supports the notion that Terri could possibly have been strangled. We went to the state attorney's office - Bernie McCabe (sp), in Pinellas County, and, if I remember correctly. They were not very kind about him getting back to us. They told..my father..even if Terri was a victim of strangulation, there's a 4-year statute of limitations which would protect Michael. A: O.K. Perhaps for that, but this attempt to (withhold food) by the judiciary - to continue in the, perhaps, murder of his wife would be something a little bit more current. B: Correct. A: And this is what we're really dealing with now. Now, when this first took place, Terri first collapsed, in those first few days and weeks that followed this incident, she was hospitalized immediately? B: Correct A: And she's been hospitalized ever since? B: That's correct. A: Now, was she responsive at all in the beginning? B: Yeah, Terri was, uh, she was getting rehab for, uh, I guess for about a year and a half (out) from her accident and she was making progress. We have notes by nurses that state she was. It was limited. A: Has she ever been able to communicate anything that may have happened to her that night? B: She's not at that point where she's able to communicate that well, yet, but she is communicating. She tries all the time to speak. She receives (virtually) no therapy no - since 1991 - so for her to speak is very difficult because she has to be taught how to speak again, but she tries her darndest to..communicate with us. A: (When did) you last see her? B: Last night. Her family, we were in shifts all weekend because Terri was very ill, and I went down last night.. A: Because there was an issue with her being moved and your family not really being able to be with her. B: Well, we've always...actually, my little sister, Susie, and I, uh, were actually barred at one time a couple of years ago from seeing Terri for a period of 6 months. Until recently, it's just been my mom, my dad, Susie and myself who have been visiting Terri, and, uh, of course, Monsignor Malinowski (sp)..visited her as well. A: O.k., tell us about that controversy. B: Monsignor Malinowski? When Terri was at the hospital, I guess it was about two weeks ago now, Monsignor went by to visti Terri. He always gives her the annointing of the sick, and, now for close to three years. He went to the hospital by himself, without my parents, and (I guess) Michael (learned of this)..he told the nurses not to allow Monsignor to visit Terri, and Judge (Greer)... barred him from Terri. A: So now the problem really at it's crux right now, it's kind of a custody battle? B: I guess you could look at it that way. Correct. A: Her husband..won't divorce her, he won't allow her family to be in charge of her, to take care of her..it seems he would prefer her to die. B: He is, he is Hell-bent on, on killing my sister. He is doing everything in his power, I mean everything in his power to see that my sister dies. A: Let's remind them. Let's find some of his motivation. Now... there was, of course,..some innuendo that it was an abusive relationship..there are people who have correlated that that might have been realistically what was going on, and we've had all this time in between and now you have him adament to the point where he's demanding that the law step in and allow her to be sort of be killed off, and die. Now, how these fights that are going against it, what is it..are you trying to (seize) custody or just demand that attention be given? And then there's of course the money motivation. B: We want guardianship back of Terri. We want Michael to be removed as guardian and allow our family to become Terri's caretakers. A: And this battle has been going on for how long..this specific case about guardianship? B: That's been going on since January of 2000. A: Why won't Michael give that up? B: Well, if you ask Michael what is behind it, he claims that he's just doing what Terri wanted. That it's Terri's wish..that's what he said. But we believe that, you know, it could be, well, back when he first initiated the removal, back in Jan. of 2000, uh, there was close to a million dollars in Terri's trust fund that Michael would have inherited upon Terri's death, so it was clearly a money motivation, when this whole thing started. Since then, and I didn't think he planned on this ..lasting in the courts as long as it has, the money has deteriorated. It has gone to his attorney - over a half million dollars, which was, again, which was supposed to be rehabilitation...that's what it was earmarked for, but it has gone to his attorney and now they say that there's not any money left. We're not sure if the motive is, because she can never speak again (unintelligible..)... A: Let's be honest. Were the collapse to have been an offshoot of an attempted strangulation, I wouldn't want her to speak again either. B: Well, of course not. A: We wouldn't want her to be rehabilitated. Nobody wants to have that finger pointing at them. (Anna asks Bob how he feels about a) "mainstream media that refuses to do any journalism whatsoever when it comes to your sister's story?" B: Well, I got to tell you, it's possibly one of the most frustrating aspects of this case is the lack of responsibility by most, not all, but most of the media in this case. They had to research this case. We're up against an attorney who has initiated a campaign with this right-to-die language that has (conditioned) the public to think that Terri's a lifeless, brain-dead vegetable. A: That's the first story I got, my first impression was.."why shouldn't they allow her to die. And then I saw the video. I was horrified that someone was trying to put her to sleep... When the doctors were asking her (to) open wide her eyes - I was in tears. I have to tell you, Bob, I was just sobbing watching that. I thought, "she's responding. She's listening. She's opening her eyes, and someone wants to yank her feeding tube out so that she can die - excruciating - and she's a totally alive human being? B: I think you understand now why so vehemently his attorney, Michael Schiavo's attorney, tried to have those videos blocked - he tried his hardest to block those videos from being released. A: I'm glad they were. They were very powerful. Incredibly powerful because you're looking at her. You're seeing a live human being who is able to respond. Who is totally cognizant of what is being said to them and it's horrific. I mean, the Judge has not seen these videos? B: Yeah. We're mystified on why the judge is acting as he is in this case. You know, it was ...the release of the videos on our website that's really started this groundswell. They've only been released now since mid-July and the support we're getting - it's difficult for me to express - to tell you the amount of e-mail, the amount of support - the amount of outrage thae we're now getting.. People are looking at these videos and they are mystified. They are just outraged that the court (is going to) starve to death my sister. A: It's incredibly horrible. Those videos came out in July. It's getting to the point where when the charges went out (at) the website we're affiliated with, which is Free Republic.com....Jeb Bush received 27,000 e-mails. That obviously then did propel him to write that letter. Wrote what I thought to be a very well thought out letter to the judges that are involved. Because 27,000 e-mails represents a lot of people. B: It certainly does, and I think Jeb Bush, being a human being, and I'm told there was research done on the case, and anybody that researches this case and discovers what is going on, I thinks as Jeb Bush did, (feels) helpless..wanting to involve (themselves). Because it is, you know it is just mystifying to us how these judges, it is really one judge in particular that has just (visibly) protected Michael (out of this) whole group of people the last 3 years... A: O.k., Now, this is Judge Greer? B: Judge George Greer. A: How much information has your side given him? Has he seen these videos? B: They were at the trial..and, you know, interestingly enough, Judge Greer, in his ruling, even said that, uh, that Terri shows some response, and it was almost like she didn't respond enough for Judge Greer in order for him to rule where she was aware. But if you look at Florida law, to be in a PVS position, you have to show absolutely no, NO response, uh, or awareness of your environment..Terri clearly, that's what our attorney (responded)..Terri clearly, under Florida law, does not fit the PVS category. A: Which is Permanent Vegetative State. B: Permanent Vegetative State A: Right B: NO response, at all! No response at all to her environment. A: Which is obviously not what we're seeing. Terri has shown more response than the guy who has come out of a 19-year coma in Arkansas - and asked for a Pepsi. Terri is more active than he was. B: I fully agree. A: Is there something sneaky there with Judge Greer..something weird between him and (this) husband? B: It certainly does makes you wonder...about the American justice system. The truth is what the judge says it is. So (much is) in control of this Judge and as long as he is ruling in this case, uh, we're in a lot of trouble - Terri's in a lot of trouble, unfortunately. A: (Anna talks about a seeming nationwide trend of 'judicial tyranny'.)..'judges undermining and overturning the concensus of vast amounts of people..Judges are supposed to be about enforcing the laws that we already have.. If we can prove, which obviously you've already been able to do, that Terri is NOT in a 'permanent vegetative state', I just don't understand why we need to continue...I don't know. It just seems there's got to be something there. B: The same Judge refused to let (we asked) 3 doctors testify that Terri's able to swallow food, which means she can eat..We went to Judge Greer's court and asked him - we had a hearing - we asked the Judge to please give Terri, allow Terri a simple swallow test to see if she can eat. A swallowing test, to see if she has the capability of eating would take less than a day. He denied it. A: Now, has he met Terri? Has he seen Terri himself? B: Only through the videos. He's never gone down to visit her. A: That's interesting, because he wants to preside and decide over whether she should live or die, but has decided not to go look her in the eye first? B: That's absolutely correct. A: There's something wrong right there. B: Well, you would think he would want to go down and see for himself the person that he's ruling on, just how 'brain dead' she really is. A: I would. B: I would, myself, too - to have a clear conscience. Maybe he doesn't want to go down for that reason. He would see how alive and how responsive Terri is. A: And this brings us to controversy no....which is, of course, the Catholic Bishops' Conference. ...that are all screaming about people that are on death row, and yet, have not accorded Terri the same respect as convicted murderers. B: I teach at a Catholic School here in Florida, and Bishop Lynch (sp) is really my direct superior. He is the head of the Diocese of St. Petersburg and he is not, 'til recently - I'm talking the last 3 weeks - spoke(n) out on behalf of Terri, never called my parents...he could have prayers for my family and Terri. He has remained completely silent over 3 years. I think caved into the pressure, public pressure... Our family met with him right after the trial. I've had conversations with him in my school, recently. Before he came out with a statement..I think he tried to avoid me. So, but I have to say that he has come out recently and he has come to Terri's defense. I would have liked to have seen it (be) a stronger statement, and I think it's sad that it took him this lonmg to do something, and at least he has, finally. A: Now, you said that you saw Terri last night. Does she know? From what I've seen, it seems like she's kind of trapped inside her body that's not really functioning any more. When you talk to her, what kind of clarity do you see in her eyes? Does she understand when you're talking to her? B: Well, you know, that's what's so sad. My heart breaks when I go in there. Terri's been confined to this room for 12 years. To see her just being neglected the way she has, with absolutely no therapy, it's a miracle as responsive as she is today with absolutely no stimulation. The only stimulation that she gets is from the nurses and my family members - speak to her, do whatever we can to help when we're visiting. It's hard for me to explain how, how responsive and how, you know, alive Terri is when we go in and see her, and, again, the notion that they're going to starve my sister to death seems...(unintel.) reponsive..(unint.). A: Jane Chastain wrote a column today in World Net Daily which, I'm assuming you read. B: I certainly did. It was wonderful. A: It was wonderful in an absolutely horrific kind of way, though. B: That last sentence, the way (she) framed that last sentence..20,000 petitions have been signed, and only 200 million more to go. A: Exactly. She fully described what it takes to die from being starved for two weeks. It's horrific..what a person goes through. B: I say wonderful in the sense that I'm glad this case is getting attention now. Every time I see an article written about Terri in this light, it makes me..I'm appreciative of the people speaking out on behalf of Terri's life. A: And I'm appreciative of the family who is fighting so long and so hard for her in the face of ..even now, judicial madness. Jeb Bush did write this letter which I did read. Summer, a poster on Free Republic, received a full copy of the letter and posted it for people to read, I guess the truth of it is it only has a certain amount of weight to it. What really can we do at this point? Would just his showing his interest - is that enough? Is there something else that may be done still at this point? B: Well, you know, I'm not 100% sure what Gov. Bush can do at this point. I'm not sure that he can intervene any more than he already did with the Judge. I don't know. Maybe the appearance of bias. I don't know if he's in a position to do that. Someone told me that he has to be appointed in order to be removed for bias, and Judge Greer seems to be an elected official. A: You have to prove bias. If someone is accorded 1.3 million dollars in order to take care of someone else, and they, instead, spend that money on a lawyer to try and kill the person they're supposed to take care of, is there a lawsuit there? This is obviously misappropriation of those funds - what they were designated for. Is there anything there? B: Let me tell you, we have looked into every aspect of this case. We tried to track down the insurance company that was settled back in 1992, to let them know of the fraud involved, and we found out that they had been bought out like 2 or 3 times, not even in business anymore. We have looked into, as I said, almost every aspect we could possibly look into and I got to tell you - this Judge has completely insulated Michael. This Judge has put an order out to kill Terri and ..it has completely insulated Michael from any wrongdoing. A: What happens on Sept.11? B: Well, from my understanding, the Judge (will) set a date for the feeding (to be stopped). He could set (it) for the next day. He could set it for two years from now. But our attorney is going to go in there and try (her) hardest to get the Judge to change his mind. A: So what can people do to help Terri? Because there are a lot of people, Bob, that want to help her, a lot of people that want to stop this from happening - that are just as horrified - well, obviously they can't be, you're her brother, but are as horrified and overwrought as one can be without tthat sort of fillial relationship. What is it that we can inspire people to do to help this situation? B: Did you see the affadavits of the nurses? They just came out the last couple of weeks..These nurses were absolutely petrified of Michael.. I wish they would have come forward earlier, but, nevertheless, their affidavits are extremely disturbing, to say the least. A: Why would they be afraid of Michael? Who is this guy? Why are they so afraid of him? ..He has pictures of everybody naked,...I've decided. B: Michael's 6'6" - probably 260 pounds, and he, he's very intimidating physically. Uh, I think he bullies girls around as much as he can. I think he intimidates women. A: There's 'concealed carry' laws there in Florida. But, seriously, right now there is a big fight right now on FR to call Judge Greer and to give him a peice of everyone's mind. B: The problem with Terri in this case, is his rulings have gone completely, you know, on Michael's behalf. Bernie McCabe (sp), a local state attorney. We think now that the nurses coming forward - there's enough evidence now so he (could) launch a criminal investigation into this case. A: O.K., that would be nice. He's someone we could call. B: Right. A: Bernie McCabe, write it down. B: He has chosen not to get involved in this case. Why? Why isn't there enough information for him to investigate? What's going on? It certainly seems. in a lot of people's minds, that there could possibly be some criminal wrongdoing - at the very least. A: This is what I'm saying. Even if we can't prove, or statute of limitations - what happened 13 1/2 years ago, we certainly have, and I say 'we' in the collective 'we' - have certainly enough now where a criminal investigation on a whole bunch of different levels. You said - the money, the restricting of rehabilitation services - all of this stuff - it just seems like a whole body ...so, let's call him, call Judge Greer, who else? Who else can we bug? They're making your sister's life miserable, Bob. We want to make their life miserable. B: I guess the, uh, Charlie Crist - the Florida State Attorney (AG) - launch his own investigation if he felt as though there was enough evidence to do so. Again, we feel as though there is. You know, one of those things, Michael petitioned to have Terri's body cremated immediately upon her death. A: Lovely. We like that. That always seems so innocent. B: Oh, yeah, and he just did that back in this past year - petitioned Judge Greer. A: Well, we have to prevent that (Feinie, I think, says 'that doesn't send up a red flag or anything, does it?!') Yeah, we have to prevent that from happening. B: I certainly hope so. If the petitions inspired Gov. Bush to do something, maybe the more people we get outraged by this case it will inspire someone else to want to get involved. A: I think that we need to, and I (trust) that there were people that thought, 'Oh, I should write a letter,' and then they heard, 'oh, week they got 27,000 - onus is off me.' You know what? I think that's the wrong approach. I think we need to double and triple and quadruple those numbers 'til they realize that, you know something, it's just not acceptable when there is someone who is saying "I will take care of this person", "I will do what is necessary to help this person out,"...why then force their dying? B: I can't, for the life of me. There is no common sense to this case at all. It keeps me up at night. I don't know how this could be happening. I just, I have no idea how this could be happening. ... A: What is it with the Florida courts? B: I think after this case is over, I'm ready to move elsewhere. I don't want to end up with any kind of physical problems in Florida. A: That sort of thing begins to spread. B: You know where the "right-to-die" movement has us?...We're actually sitting here, and we're talking about 'Terri's got to prove her awareness.' Know what I mean? And not just Terri, all disabled people. They have to prove awareness. The issue here is, nobody should have to prove their awareness. We're having discourse over when it is o.k. and when it isn't o.k. to starve people to death. It wasn't that long ago (that) starving people to death was considered barbaric. A: It's still considered barbaric. B: It's become (acceptable) now. A: So is abortion, and that's legal. B: Right. We are taking human life ...just like what happened back in the 1930s. A: With your sister, instead of saying, "This is a woman with the potential to regain her functions" we call her PVS. ('Feinie?' : "she's a vegetable.) She's not even human anymore, so, therefore, we put this epithet on people and reduce them to totally demeaning (manner) and I think it's horrible. I thank you for joining us tonight. My heart just goes out to your family. ... A: This is what we'll do: have people call the Judge, call Bernie McCabe, Charlie Crist, ..and we're going to do everything that we can to help save your sister. B: I'm never going to be able to thank everybody. It upsets me very much. I'm getting ... hundreds of e-mails daily. I can't keep up. (I want) to e-mail all these people back. Tell them that I read their e-mail, and you have no idea how much we appreciate your support. And I just wish there was some way - I want your listeners to know, that my family appreciates every single e-mail. If we don't respond to them in a short amount of time, please know that we are reading them... A: Now, the website is www.terrisfight.org? B: That's correct (spells). A: We're going to do everything we can to help you. It's a week until the hearing and we're going to make (his) life as miserable as can be done in a week's time. And, just, God bless you, Bob, and all of your family. I thank you so much just for having that much love for your sister that you've been fighting so hard. It's an awesome thing. --- Contact: Pamela Hennessy 1133 Drew Street Clearwater, FL 33755 Phone: 727-445-1766 email: phenn@zimp.org Press Release Terri Schiavo case moves to the Federal level. Federal Court grants emergency hearing in the case of disabled Florida woman. Clearwater, FL August 30, 2003: On Saturday, August 30, 2003, a Federal District Court Judge in Tampa scheduled an emergency hearing in the case of Terri Schindler-Schiavo, a disabled woman whose husband has petitioned the courts to end her life by the removal of her feeding tube. This hearing is scheduled for Tuesday, September 2, 2003 at the Federal Courthouse in Tampa. In an emergency motion, the attorney representing Bob and Mary Schindler of Gulf Port, Florida (Ms. Schiavo's parents), asked the court to issue an injunction allowing Ms. Schiavo's parents access to her medical information, continuance of medically necessary treatment and several other issues that relate to Ms. Schiavo's care. On Tuesday, August 26, 2003, Pinellas Circuit Judge George Greer ordered that Terri's current medical treatment would not be interrupted. However, on Friday, August 29, 2003, Ms. Schiavo had been released from Morton Plant and sent back to the Hospice facility in St. Petersburg where she is a resident. During the early morning hours of Saturday, August 30, 2003, Ms. Schiavo was transported back to Morton Plant under emergency circumstances. Apparently, her husband denied her admittance to the hospital and she has since been sent back to Hospice Woodside in St. Petersburg. --- Text version of Amended Complaint, Temporary Restraining Order, Affidavits, Federal Court Order (These were dismissed on Sept. 2 by Judge Richard Lazzara who shirked his responsibilities [not sure of jurisdiction?!] at the Federal level but did say he would consider another attempt at rehearing in 10 days re: the Federal [Constitutional, etc.] laws being broken.) --- United States District Court Middle District of Florida Tampa Division Civil Action No.: 8:03-CV-1860-T-26-TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incompetent ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incompetent ward; HOSPICE OF THE FLORIDA SUN COAST, INC., and MORTON PLANT HOSPITAL ASSOCIATION, INC. Defendants. ---------------------------------------------------x VERIFIED AMENDED COMPLAINT __________________________ Plaintiffs Robert Schindler and Mary Schindler, by and through their undersigned attorneys, bring this Complaint against the above-named defendants and their agents, servants, and employees, and in support thereof allege the following on information and belief. PARTIES _______ 1. Plaintiff Robert Schindler is a citizen of the United States and resides in Gulfport, Florida, 33707, and is the natural father of Theresa Marie Schindler Schiavo (hereinafter "Terri"). 2. Plaintiff Mary Schindler is a citizen of the United States, is the spouse of plaintiff Robert Schindler, and resides with him in Gulfport, Florida, and is the mother of Terri. 3. Defendant Michael Schiavo (hereinafter "Schiavo") is a citizen of the United States and resides in Clearwater, Florida. He is sued herein individually and in his capacity as the Guardian of Therese Marie Schiavo, the natural daughter of the plaintiffs, having been appointed to such legal guardianship by the Sixth Judicial Court (Probate Division) of the State of Florida. Defendant Schiavo is Terri's legal husband, although he now resides with another woman, with whom he has had a child out-of- wedlock. It is believed that the paramour is pregnant with their second child. 4. Defendant The Hospice of the Florida Sun Coast, Inc. d/b/a Hospice Woodside is an extended care facility for terminally ill or severely disabled patients, located in Pinellas County, where Terri is currently a resident. 5. Defendant Morton Plant Hospital Association, Inc. is a Florida corporation and operates Morton Plant Hospital. Morton Plant Hospital is an acute care hospital located in Clearwater, Florida, and is the facility to which Theresa Marie Schindler Schiavo has been admitted on August 15, 2003, August 24, 2003, and most recently, in the early morning hours of August 30, 2003. NON-PARTY CO-CONSPIRATOR ________________________ 6. George J. Felos is an attorney-at-law admitted to practice in the Courts of the State of Florida and having his law office at Felos & Felos, P.A., 595 Main Street, Dunedin, Florida, 34698. He is named as a non-party co-conspirator relative to the civil rights deprivations at issue in this lawsuit. 2 NATURE OF ACTION ________________ 7. This is an action by the parents of Theresa Marie Schiavo, an incompetent ward, seeking injunctive relief and pecuniary damages against her Guardian, that is, her husband, defendant Michael Schiavo, who has been seeking to terminate the administration of food and water and the administration of ordinary medical treatment, such as antibiotic drug therapy, to Terri during her confinements to Morton Plant Hospital in Clearwater and Hospice Woodside. JURISDICTION AND VENUE ______________________ 8. This civil action arises under 42 U.S.C. Section 1983 and includes allegations of violations by the defendants of the First, Fifth and Fourteenth Amendments to the United States Constitution, 42 U.S.C., Sections 12101, et seq. (the Americans with Disabilities Act); 42 U.S.C. Section 1395dd, the Emergency Medical Treatment and Active Labor Act (EMTALA), and 29 U.S.C. Section 794, the Rehabilitation Act of 1973. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. Section 1331 and Section 1343(a)(3). 9. Plaintiffs' claims for declaratory and injunctive relief are authorized by 28 U.S.C. Sections 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the general legal and equitable powers of this Court. 10. Plaintiffs' claim for damages are made pursuant to 42 U.S.C. Section 1983. Plaintiffs' prayer for relief regarding costs, including reasonable attorneys' fees, is authorized by 42 U.S.C. Section 1988. 11. Venue is proper under 28 U.S.C. Section 1391(b) because a substantial part of the events or omissions giving rise to plaintiffs' claims occurred in this district. 3 FACTS COMMON TO ALL COUNTS __________________________ 12. Plaintiffs are sincere practitioners of the Roman Catholic religion and are the natural parents of Theresa Marie Schiavo, now age 39, who has been severely disabled for the past 13½ years following an anoxic episode on or about February 25, 1990. 13. As sincere Catholic parents, plaintiffs believe they must expose and do all in their lawful and moral power to prevent the withdrawal of basic and ordinary means of care, such as food, nutrition, hydration, and appropriate antibiotic therapy, for their daughter, Terri, and to see to it that their disabled daughter obtains appropriate rehabilitation services, such as speech and motor function therapy. It is the plaintiffs' sincerely held religious conviction that euthanasia, passive euthanasia, and the withdrawal of food, water, bed rest, proper room temperature, and ordinary means of medical care to seriously ill or disabled patients is immoral. 14. Terri is also a Roman Catholic and a sincere practitioner of that religious faith and adherent of its teachings on morality. Roman Catholic teaching on euthanasia and passive euthanasia is set forth in the Declaration of Euthanasia, by the Vatican's Sacred Congregation for the Doctrine of the Faith, Nutrition and Hydration: Moral and Pastoral Reflections, by the United States Conference of Catholic Bishops (1992), and Nutrition and Hydration: Moral Considerations, a statement of the Bishops of Pennsylvania (1991), among other authoritative sources. 15. Terri was married to defendant Schiavo in 1984. On or about February 25, 1990, Mr. Schiavo reported to a "911" dispatcher that Terri was lying on the floor of their home. 4 16. Defendant Schiavo, who had been trained in cardiopulmonary resuscitation (C.P.R.) prior to February 25, 1990, inexplicably failed to call "911" immediately upon discovering his wife unconscious and instead telephoned plaintiff Robert Schindler, her father, who demanded that the defendant forthwith call "911". Schiavo asserted that he heard a thump sound late at night at home and found Terri unconscious on the floor. 17. Defendant Schiavo, despite his C.P.R. training, also inexplicably left Terri lying face down on the floor until paramedics arrived, rather than turning her over so as to clear her airway and prevent her hyperextended neck from being further injured or becoming rigid. 18. Terri was transported and admitted to Northside Hospital in St. Petersburg, which gave her family no definitive diagnosis of why she was now in an anoxic, brain- injured state. 19. Within 48 hours of Terri's anoxic episode, defendant Schiavo contacted a lawyer connected to his employer, one Daniel Gricco, Esq., who in turn convinced the plantiff parents, Robert and Mary Schindler, to allow Schiavo to become their seriously sick daughter's legal guardian as to any proceedings in the Florida state courts. 20. About 53 weeks after the fateful events of February 1990, a total body bone scan of Terri was done on March 5, 1991 after her physical therapy sessions under the auspices of Mediplex appeared to become too painful. The bone scan and correlative x- ray images revealed numerous abnormalities, including, but not limited to, compression fractures and apparently traumatic injuries to the L-1 vertebral body and the right femur. (See bone scan report attached as Exhibit "A.") The bone scan report states, "The patient has a history of trauma." 5 21. Defendant Schiavo is about a foot taller than Terri and weighs about 100 pounds more than she weighs. 22. Following Terri's treatment at Northside Hospital, defendant husband Schiavo sued two physicians for medical malpractice for Terri's injuries. 23. At the trial of the medical malpractice suit, defendant Schiavo swore that he would use any recovery of pecuniary damages to take care of Terri for the remainder of her life. He testified that he was going to become a nurse and devote his whole life to taking care of her. He presented a detailed rehabilitation plan to the jury, a plan devised by a rehabilitation specialist. 24. Based on his testimony promising rehabilitation services for Terri, in part, the malpractice jury awarded Mr. Schiavo $1,200,000.00, of which approximately $700,000.00 was placed in a trust fund for Terri's support and maintenance. 25. The money awarded by the jury arrived in about February, 1993. From that point forward, Schiavo failed and refused to provide any rehabilitation services whatsoever to Terri and even sought to withhold basic medical care in the expectation that she would die. 26. In about July of that year, defendant Schiavo admitted under oath, during a proceeding by plaintiffs herein to remove him as Terri's guardian, that he allowed or ordered a urinary tract infection suffered by Terri to go untreated, in the hope that it would worsen and progress to potentially fatal sepsis. 27. In 1998, defendant Schiavo commenced a proceeding to terminate even the provision of food and water to his wife, via the ordinary means of a gastrostomy tube ("G 6 tube"), by filing his petition to withdraw life support in the Probate Division of the Sixth Judicial Circuit in Pinellas County, Florida. 28. The year before, non-party co-conspirator George J. Felos, Esq., (hereinafter "Felos") had begun advising Mr. Schiavo as trial counsel to devise a strategy for securing the termination of Terri's food and water. 29. Non-party co-conspirator Felos styles himself a pioneer in the "Death With Dignity" legal movement and is the author of Litigation as Spiritual Practice, published by the Blue Dolphin Publishing Co., Inc., of Nevada City, California, in 2002. This book promotes the defendant lawyer's trailblazing efforts in the pro-euthanasia field in America. He is at this time promoting his next book, which is to be about the related case in the Florida District Court of Appeal and Florida Sixth Judicial Circuit Court and which related case Mr. Felos evidently expects to end in the death of Theresa Marie Schiavo in the very near future. 30. Mr. Felos' book, Litigation as Spiritual Practice, contains numerous bizarre anecdotes about his ardent desire to end the administration of food and water to severely disabled or gravely sick patients. 31. On page 63, referring to his landmark Florida state court case, Estate of Browning, Felos writes: "Such a deep, dark, silent blue. I stared as far into her eyes as I could, hoping to sense some glimmer of understanding, some hint of awareness. The deeper I dove, the darker became the blue, until the blue became the black of some bottomless lake. 'Mrs. Browning, do you want to die?...Do you want to die?' - I near shouted as I continued to peer into her pools of strikingly beautiful but incognizant blue. It felt so eerie." 7 32. On page 73, Attorney Felos writes: "As I continued to stay beside Mrs. Browning at her nursing home bed, I felt my mind relax and my weight sink into the ground. I began to feel light-headed as I became more reposed. Although feeling like I could drift into sleep, I also experienced a sense of heightened awareness. As Mrs. Browning lay motionless before my gaze, I suddenly heard a loud, deep moan and scream and wondered if the nursing home personnel heard it....In the next moment, as this cry of pain and torment continued, I realized it was Mrs. Browning. I felt the mid-section of my body open and noticed a strange quality to the light in the room. I sensed her soul in agony. As she screamed I heard her say, in confusion, 'Why am I still here... why am I here?' My soul touched hers and in some way I communicated that she was still locked to her body. I promised I would do everything in my power to gain the release her soul cried for. with that the screaming immediately stopped. I felt like I was back in my head again." 33. On page 75, Felos says: "Before our son was conceived, my then wife and I went through a long and arduous process trying to decide if we should have a child. Given that our marriage was never very stable, the familiar arguments against creating progeny seemed at times hard to overcome....One morning, while still generally engaged in that process, I walked into my office, and about half way to my desk was hammer- struck. While almost seeing stars like a comic book character, I heard the soul of my yet- to-be-conceived child emphatically shout: I'm ready to be born... will you stop this fooling around!'...The voice I heard was distinctly male, and I beamed with the idea I had a son - or was going to have a son - or sorta had a son out there - or something like that." 8 34. On page 216, again discussing Estate of Browning, Mr. Felos writes about the late Estelle M. Browning: "As I always did, I looked into her eyes and shouted to her, hoping for some response or sign. After a minute or two I sat in the chair by the foot of her bed, closed my eyes, and started to meditate. Having 'soulspoken' with Mrs. Browning when we first met, I decided, with a measure of earnest self-inflation, to purposefully initiate such contact. I settled into my breath and noticed all the passing sounds move through my consciousness. As I deepened my relaxation, I reached out with my awareness to see if I could touch her soul-presence. From deep inside I repeated, 'Mrs. Browning, it's okay to leave your body. There is no reason to stay in this body. It is all right to die now.' A few minutes into my meditative encouragement, I was jarred by a high-pitched sarcastic cackle and the words, 'You're telling me to drop my body - and you can't even get out of your head.' Apparently, Mrs. Browning had a spirited sense of humor!" 35. On pages 181-182 of his book, Felos claims that merely by visualizing a plane crash during a flight he was taking back to Florida, he caused the plane to begin to crash and that God spoke to him at that moment to warn him: "Be careful what you think. You are more powerful than you realize'.....I was startled, humbled, and blessed by God's admonishment." 36. Co-conspirator Felos clearly is not simply an advocate for Michael Schiavo in the Florida state courts; he is an investor in Mrs. Schiavo's case who stands to profit financially via her judicially-sanctioned death and the book he told the St. Petersburg Times he wants to write about the case and his "spiritual journey" with Theresa Schiavo. As his first work, Litigation as Spiritual Practice, indicates, Mr. Felos is an egomaniacal 9 visionary who views Terri's hoped-for death as a fulfillment of his personal messianic mission as the savior of severely disabled and seriously ill people who need to die. He is a protagonist in a drama in which he sees himself as a lead character. 37. In connection with the proceeding, Schiavo announced his recollection that sometime in the mid-1980s, Terri informally remarked, with reference to her grandmother's ultimately terminal illness, that in the event of her own serious illness, she did not want to be maintained "on anything artificial". Defendant Schiavo alleged a recollection of other generalized remarks to that effect. 38. Defendant Schiavo's position that his wife would not want to live by means of food and hydration administered through a G tube was completely contrary to his testimony before the medical malpractice case jury. 39. At the time of Terri's alleged remarks in the mid-1980s, Florida law did not include food and hydration among the forms of medical care that could be terminated based on the alleged prior directives of a patient, and deprivation of food and hydration would have constituted the crime of euthanasia under Florida law at the time Terri allegedly made her comment to defendant Schiavo about "anything" (or "nothing") artificial". It was not until October 1, 1999 that the law was amended to include food and hydration given via a G tube. 40. Terri's alleged remarks about "anything artificial" said nothing about the withdrawal of food, hydration, and rehabilitative therapy. 41. Under Felos' guidance, there were about five years of legal proceedings in the Florida state courts, during most of which Terri was not represented by a guardian ad litem. 10 42. The initial trial counsel for plaintiffs in the state court proceedings did not litigate any constitutional issues. 43. Two Florida trial court-level proceedings and four appeals to the state's District Court of Appeals culminated on August 22, 2003, when the Florida District Court of Appeal held that Terri is in a persistent vegetative state (PVS) within the meaning of Florida law and that her alleged remarks about not wanting to be on "anything artificial" sufficed as clear and convincing evidence that she would choose to be deprived of food and water until she starved and dehydrated to death. The Florida appellate court remanded the matter to the Sixth Judicial Circuit trial judge for a hearing on setting a date for the termination of food and water. 44. The state trial court has set September 11, 2003 as the date for the hearing on termination of Terri's food and water. 45. Non-party co-conspirator Felos has been paid approximately $550,000.00, virtually the entirety of Terri's estate, for his professional services to defendant Schiavo in the Florida courts, and no funds from the estate have been used for her rehabilitation. 46. Over the past 12 years and utterly contrary to his sworn promises to the malpractice jury, defendant Schiavo has denied Terri any therapy or rehabilitation whatsoever, but instead has sequestered her in nursing homes where he prevented or burdened the plaintiff parents' visits with her, finally transferring her to Hospice Woodside, commonly known to be one of the most restrictive nursing environments in Florida, following the Sixth Judicial Circuit Court's original order in February, 2000. She remains there to this day. 11 47. During August, 2003, while Terri was confined to Morton Plant Hospital, in Clearwater, Florida, defendant Schiavo also interfered with and acted to prevent her from receiving the ministrations of Rev. Monsignor Thaddeus Malanowski, an elderly Roman Catholic priest and also a retired Brigadier General in the U.S. Army. Msgr. Malanowski had been visiting Terri in Hospice on Saturdays for about three years. In plaintiffs' and Terri's Catholic Faith, priestly visitations and ministrations and the prompt availability of an ordained priest to administer the Sacrament of the Anointing of the Sick (also known sometimes as Extreme Unction) to seriously ill adherents are highly respected and recommended by the Church's Magisterium (i.e., teaching office). 48. During the final week of August, 2003, defendant Schiavo relented and agreed to permit Msgr. Malanowski to again visit Terri under conditions set by Schiavo. Nevertheless, plaintiffs fear that Schiavo may renege on even this concession and that their daughter will die without the ministrations of her priest. 49. Terri has not been certified as "terminally ill" as required by federal regulations for the use of federal funds for hospice care, yet has resided at Hospice Woodside since March or April, 2000. 50. Upon information and belief, defendant Schiavo has never paid the bill from defendant Hospice of the Florida Sun Coast, Inc. (Hospice Woodside). 51. Co-conspirator Felos is a former Chairman of the Board of defendant Hospice of the Florida Sun Coast, Inc. 52. It is believed that co-conspirator George J. Felos combined and conspired with defendant Michael Schiavo to arrange for Terri's "free" stay at Hospice Woodside as part of an "exit protocol" designed to advance Felos' self-perceived messianic mission of 12 "helping" incapacitated people to die by categorizing them as "terminal," warehousing them, and depriving them of therapy and rehabilitation services. 53. A certified nursing assistant, Carolyn Johnson, came forward on August 28, 2003, in reaction to the publicity surrounding Governor Jeb Bush's intervention in the related case at the Florida Circuit Court level, and revealed that she quit her job at the Sabal Palms Nursing Home, in Largo, Florida, where Terri was once a patient, after being told that defendant Michael Schiavo had ordered no rehabilitative therapy for Terri, a situation quite unlike that obtaining with the patient in the bed next to hers. (See Ms. Johnson's affidavit annexed hereto.) 54. Also attached hereto is a similar affidavit from Carla Sauer Iyer, R.N., who worked at Palm Garden of Largo Convalescent Center, in Largo, from April 1995 to July 1996, while Terri was a patient there. Moreover, paragraph 11 of Nurse Iyer's affidavit strongly suggests the possibility that defendant Michael Schiavo may have wrongly given Terri doses of Regular Insulin while he was alone with her in her room at Palm Garden of Largo. 55. Defendant Schiavo, a state actor in his capacity as the state court-appointed guardian of the person of Theresa Marie Schiavo, upon information and belief, may be using the judicial processes of the State of Florida to conceal prior criminal activity. 56. Since February 25, 1990, Terri Schiavo has remained profoundly disabled. 57. Despite her profound disability, however, Terri responds with love and affection to her plaintiff parents, responds to commands, responds to visitors who sing Catholic and secular hymns and songs to her (even on at least one occasion by raising her eyes and her usually rigid arms over her chest as though in an attempt to keep time with 13 the melody, and showing an expression of appreciation), and vocalizes in context- appropriate ways. 58. Defendant Schiavo has also prevented Terri from undergoing a barium swallow test, a procedure necessary to ascertain the consistency of foods able to be taken by mouth. 59. Were Terri to undergo the barium swallow test, her swallowing of the thick white liquid substance might prove that she in fact is able to eat and that, therefore, there should be no court order to bring about her death by starvation and dehydration. 60. Notwithstanding 13½ years of abuse and neglect at the hands of her husband, Terri remains responsive to her environment and a clear candidate for rehabilitative therapy as required by the ADA and by the Rehabilitation Act of 1973. This is shown by the following facts: a) approximately a year after the anoxia incident of February 1990, Terri was crying out, "No, no!" and "Stop!" during physical therapy sessions, which defendant Schiavo arranged to be abandoned after 1993. Her statement of pain prompted the aforementioned bone scan revealing evidence of traumatic bone fractures; b) she laughs, smiles, and responds to commands (see Exhibit "B", a color photograph of Terri smiling in her plaintiff mother's immediate presence); and c) she approvingly responds to singing by visitors she seems familiar with, even going so far as to elevate her eyes and neck and lift her arms upward from her chest as though trying to keep the tempo of the melody for an appreciable length of time. 61. A copy of the affidavit of Dr. Alexander T. Gimon, attached hereto as Exhibit "C," presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy. Dr. Gimon, a clinical neuropsychologist, says on page 12 of the 14 affidavit: "Given the neglect which Terri has suffered...it is striking that her current cognitive functioning is as strong and varied in expression as it is. This indicates that sufficient brain structure exists for further cognitive and behavioral progress to be made. Terri is an excellent subject for a variety of cognitive treatment protocols designed to improve her neurological function, including neuroaerobics, physical therapy, recreational/occupational therapy, and speech-language therapy." 62. A copy of the affidavit of Sara Green Mele, a speech-language pathologist at the Rehabilitation Institute of Chicago who is also associated with Northwestern University's Feinberg's School of Medicine, is attached hereto as Exhibit "D." Ms. Mele states that Terri "has sufficient swallowing ability to handle her own secretions" and should receive modified barium swallow study "to assess swallow function for intake trials of thin and thick liquids and pureed consistencies." Ms. Mele states that Terri is clearly vocalizing in context-appropriate ways and would benefit from speech-language therapy, physical therapy, and occupational/recreational therapy. She believes such therapies would "significantly enhance" Terri's quality of life. 63. On or about August 14, 2003, Terri developed vomiting, coughing up of blood, and breathing difficulties, an emergency medical condition within the meaning of EMTALA. She was taken to Morton Plant Hospital in Clearwater and admitted. 64. On Thursday, August 20, 2003, Terri was discharged from Morton Plant Hospital without her condition having been stabilized. 65. This premature discharge from hospital may have been against medical advice, at the insistence of defendant Schiavo, as part of the "exit protocol". 15 66. On Sunday, August 24, 2003, Terri was returned from defendant Hospice Woodside to Morton Plant Hospital with a recurrence of vomiting and a 102 degree fever, and she subsequently was believed to be suffering from left lung pneumonia and sepsis. 67. In an apparent effort to hasten his wife's demise, defendant Schiavo directed non-party co-conspirator George J. Felos to seek an order from the state court trial judge terminating not only food and water, but also the administration of antibiotics and other treatments for the pneumonia. On Monday, August 25, Mr. Felos, conspiring with Mr. Schiavo in the latter's capacity as a state actor, brought an emergent motion in Florida's Sixth Judicial Circuit praying for this relief and for Terri to be provided with only "comfort care." 68. The trial judge, expressing concern about due process, denied this request by Messrs. Schiavo and Felos pending the September 11, 2003 hearing and the filing of a petition by Mr. Felos to terminate Terri's medical care. 69. The emergent motion by Felos and defendant Schiavo in the Sixth Judicial Circuit on August 25, 2003 was clearly part and parcel of the "exit protocol" devised by Mr. Felos, especially as the application is completely outside the ambit of Florida law on the treatment of hospital patients, as the application seeks the denial of antibiotics. 70. In the face of growing public outrage over the efforts of defendant Schiavo's determined efforts to secure the death of his own wife, the Honorable Jeb Bush, Governor of the State of Florida, personally wrote to the trial judge on August 26, 2003, urging him to appoint an independent guardian ad litem and to consider all new evidence regarding Mrs. Schiavo's capacity for rehabilitation and recovery of function. 16 71. In reaction to Governor Bush's action, Mr. Felos and defendant Schiavo held a news conference on August 26, 2003, during which they alleged that the Governor had interceded in the matter as part of a right wing, Right to Life conspiracy involving his political supporters. 72. At the news conference, Mr. Felos opined that providing Terri with antibiotics and other basic medical care for pneumonia and sepsis is "an example of the over- treatment of a terminally ill patient" and "excessive treatment of the terminally ill" which makes people "wonder why Medicare is going broke". FIRST COUNT AMERICANS WITH DISABILITIES ACT _______________________________ 73. Plaintiffs repeat all of the allegations of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 74. The Americans With Disabilities Act (A.D.A.), 42 U.S.C. Sections 12101 et seq., provides that necessary and appropriate rehabilitation services and physical/motor skill therapy not be denied a substantially disabled patient in the United States of America. 75. Moreover, the pertinent federal regulations for implementation of the A.D.A. specifically provide that "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual." (cf. 28 C.F.R. Ch. 1, Subpart B, Section 35.130) The failure and refusal of defendant Michael Schiavo, acting under the color of state law, to furnish Theresa Marie Schiavo with necessary and appropriate speech and motor skills therapy, rehabilitation services, and the basic essential medical services, and his demand 17 that she be deprived of food and water, violate her rights under the A.D.A. and constitute unlawful discrimination against her because of her disability. SECOND COUNT DUE PROCESS VIOLATIONS: FIFTH AND FOURTEENTH AMENDMENT ______________________________________________________ 76. Plaintiffs incorporate by reference all paragraphs above as if set forth verbatim and at length herein. 77. Regardless of what is provided by the laws of the State of Florida and regardless of the Florida District Court of Appeals decision mandating discontinuance of the G-tube, Terri has an independent right to life under the United States Constitution, Amendment V and the Fourteenth Amendment. 78. The state court proceedings and the minimal quality of proof required to establish clear and convincing evidence of Terri's supposed intent to refuse food and water as medical treatment constitute insufficient due process for protection of her federal constitutional right to life. 79. Terri's Fifth Amendment right to life is also violated by the ex post facto application to her situation of a 1999 Florida statutory amendment which by its terms operates only prospectively, adding food and hydration to the categories of medical treatment a patient has the right to refuse under that state's Living Will Law and that state's Constitution. 80. There was no evidence in the state court proceedings that Terri ever referred specifically to food and hydration in her alleged remark about "nothing artificial" made at a time when Florida law did not allow for termination of food and hydration. 18 81. Moreover, in the state court proceedings initiated by defendant Michael Schiavo, Terri Schiavo, a severely disabled individual, had no guardian ad litem and no lawyer for most of the time. 82. Terri briefly did have the service of Richard L. Pearse, Esq., appointed by the court in 1998. 83. Attorney Pearse was dismissed from the case by the state court on motion by George J. Felos, Esq., the non-party co-conspirator herein, after the former filed a report concluding that Michael Schiavo had an irreconcilable conflict of interest due to Schiavo's relationship with another woman, his financial stake in Terri's death, and the fact that he tried to let Terri die of a urinary tract infection in 1993. 84. The state court proceedings which led to the Florida Second District Court of Appeals' fateful August 22, 2003 order severely prejudiced Terri's federal constitutional and statutory rights, which were never defended and in fact were violated. The violations included: a) ineffective assistance of counsel, b) due process violations, and c) blatant conflict of interest with Terri's guardian, defendant Michael Schiavo, as more fully set forth above. THIRD COUNT REHABILITATION ACT OF 1973 __________________________ 85. Plaintiffs repeat each and every allegation of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 86. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, prohibits discrimination against an "otherwise qualified" handicapped individual, solely by reason of his or her handicap, under any program or activity receiving federal financial 19 assistance. Hospitals and hospices that accept Medicare and Medicaid funding are subject to the Act. 87. Defendant Hospice Woodside is subject to the Act because it receives federal funding. 88. The aforesaid acts and omissions of defendants have violated Terri's right to rehabilitation under the Act. FOURTH COUNT VIOLATION OF EMTALA ___________________ 89. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 90. On or about August 21, 2003, Terri Schiavo was discharged by Morton Plant Hospital without adequate stabilization of her pulmonary infectious disease, in that she had to be re-admitted on Sunday, August 24, 2003. Once again, Terri Schiavo was discharged too soon, on Friday, August 29, only to be re-admitted once again in the early morning hours of August 30, 2003, less than 24 hours later. 91. At a press conference on Tuesday, August 26, at co-conspirator Attorney Felos' offices, defendant Michael Schiavo told members of the news media that he thinks Terri should be given no treatment of her current ailments, but should simply be consigned back to defendant Hospice Woodside to die. 92. Following the August 25 denial of his legally baseless emergent motion to terminate Terri's basic medical care at Morton Plant Hospital, Mr. Felos sent the plaintiffs' state court attorney a facsimile transmission indicating that Terri might be 20 discharged a second time from that hospital before her condition is stabilized as required by 42 U.S.C. Section 1395dd, EMTALA. 93. Plaintiffs are concerned that a third premature discharge will provoke a fatal exacerbation of Terri's pneumonia and sepsis. FIFTH COUNT VIOLATION OF FIRST AMENDMENT RIGHTS ___________________________________ 94. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 95. During the aforesaid news conference of August 26, 2003, defendant Schiavo asserted that Monsignor Malanowski, needed state court permission, and had no court permission, to enter Terri's room at Morton Plant Hospital to visit and minister to her, as he has done almost every Saturday for three years at defendant Hospice of Woodside's facility. Mr. Schiavo excluded Msgr. Malanowski from ministering to Terri during her second hospitalization, when she had to be re-hospitalized as set forth above. 96. At the news briefing, defendant Schiavo, with Mr. Felos seated next to him, sneeringly ridiculed the plaintiff parents herein, saying, "They never went to church a day in their lives" but are now on a "religious kick" and trying to force religious beliefs on others, and further stated, regarding his critically ill wife and Msgr. Malanowski, "If I want Terri to have a priest, I'll supply that priest." Mr. Schiavo also commented that Catholics can receive the Sacrament of the Anointing of the Sick (sometimes called Extreme Unction and Viaticum, when the Holy Eucharist is given to a dying person) only once. This is contrary to Roman Catholic sacramental theology and praxis. 97. The defendants' actions in denying Terri the services of Msgr. Malanowski to which she has been accustomed for about three years and exposing her to the possibility 21 that she will die without the Sacrament of the Anointing of the Sick, are blatant violations of her religious liberty rights under the First Amendment to the U.S. Constitution. 98. The starvation and dehydration of Terri when she is a candidate for rehabilitation would constitute state-imposed euthanasia in violation of the tenets of her, and her parents', Roman Catholic religion. SIXTH COUNT 42 U.S.C. Sec. 1983 ___________________ 99. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 100. Schiavo, as a state appointed guardian with full power over the person of Terri, is a state actor for purposes of all the constitutional violations requiring state action as alleged herein. 101. Together with non-party co-conspirator Felos, Schiavo has combined and conspired to deprive Terri of her constitutional and civil rights. PRAYER FOR RELIEF _________________ WHEREFORE, the plaintiffs Robert Schindler and Mary Schindler seek the following relief: A. A declaration that Schiavo's actions violate Terri's federal statutory and constitutional rights and her rights under the Americans With Disabilities Act, the Rehabilitation Act and EMTALA. 22 B. A temporary restraining order and permanent injunctive relief barring the defendants and their agents, and those acting in concert with them, from withdrawing or withholding food, water, nutrition, and medical care to Terri, including, but not limited to, food and hydration given her by means of a gastrostomy or other type of feeding tube in her body, requiring evaluation by therapists and any other health care professional such as a physician to determine the true medical condition of Theresa Marie Schindler Schiavo, the administration of antibiotics and medical treatment for any emergency medical conditions she has or may develop and ordering access to medical information about Theresa Marie Schindler be provided to Plaintiffs Robert and Mary Schindler. C. Prohibiting the defendants from denying or restricting Theresa Marie Schiavo access to and the ministrations of the aforementioned Rev. Msgr. Thaddeus Malanowski or any other Roman Catholic priest with whom she is acquainted or who wishes to bring her the Sacraments while she is under said defendants' care and watch; D. Prohibiting Defendant Schiavo from ordering the cremation of the body of Theresa Marie Schiavo, should she die; E. Appointing Plaintiffs as Guardian Ad Litem for their daughter Theresa Marie Schindler Schiavo for the duration of this action; F. An award of compensatory and punitive damages against all of the defendants pursuant to 42 U.S.C. Section 1983 and attorney's fees pursuant to 42 U.S.C. 1988; and 23 G. Such other and further relief as this Court should deem just and proper. Dated: St. Petersburg, Florida August 30, 2003 Christopher A. Ferrara, Esq. Specially appearing pursuant to Rule 2.02(a) American Catholic Lawyers Association, Inc. 50 South Franklin Turnpike, Suite 1 P.O. Box 277 Ramsey, New Jersey, 07445-0277 Phone: (201)236-1799, Fax: (201)236-3965 LOCAL COUNSEL: PATRICIA FIELDS ANDERSON, ESQ. Fla. Bar No. 352871 447 THIRD AVENUE NORTH, SUITE 405 ST. PETERSBURG, FL 33701 Phone: (727)895-6505; Fax: (727)898-4903 24 I HAVE READ THE FOREGOING Amended Complaint and swear that it is true and correct. DATED this 30th day of August, 2003. ROBERT SCHINDLER, SR. 25 ATTACHMENTS: EXHIBIT "A": 3/5/91 NUCLEAR IMAGING BONE SCAN EXHIBIT "B": COLOR PHOTOGRAPH OF TERRI SMILING IN HER PLANTIFF MOTHER'S IMMEDIATE PRESENCE ... --- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Civil Action No.: 8:03-CV-1860-T-26-TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incapacitated ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incapacitated ward; THE HOSPICE OF THE FLORIDA SUN COAST, INC., and MORTON PLANT HOSPITAL ASSOCIATION, INC. Defendants. ------------------------------------------------------x MOTION FOR TEMPORARY RESTRAINING ORDER ______________________________________ Plaintiffs Robert and Mary Schindler, by and through undersigned counsel pursuant to Fed. R. Civ. P. 65 and Middle District Rule 4.05, hereby move this Court for a Temporary Restraining Order and say: Page 1 of 6 1. By even date, Plaintiffs have filed their Verified Amended Complaint, Memorandum of Law In Support of Plaintiffs' Application for Temporary Restraining Order, and the Affidavits of Robert Schindler, Sr., Carolyn Johnson, Carla Sauer Iyer, and Heidi Law, together with various attachments. In the aggregate, these documents establish specific facts showing that Plaintiffs' incapacitated daughter Theresa Marie Schindler Schiavo ("Terri") is gravely ill and in imminent danger of dying due to Defendant Schiavo's actions, a loss of an irreparable nature. 2. Ordinarily, Plaintiffs would give notice of the requested relief to the Defendants. Here, however, such notice might serve only to spur Defendant Schiavo into more aggressive actions to end Terri's life before this Court decides the matter. The affidavit of Carla Sauer Iyer alleges overt actions in years past of Defendant Schiavo's attempts to harm Plaintiffs' daughter. On Monday, August 25, 2003, Defendant Schiavo stated his desire to withhold treatment from Terri for her current medical emergency, as she is going to die soon anyway. See attached "Emergency Motion To Cease Medical Treatment of Ward." Plaintiffs fear that if Defendant Schiavo learns of this instant motion Page 2 of 6 he will arrange an immediate end to Terri's life, regardless of legal consequences. Under these circumstances, notice and hearing are not practical or even advisable. 3. Presently, there is no court order in place ordering the withdrawal of sustenance and hydration from Theresa Marie Schiavo, but Defendant Schiavo, in concert with Defendant Hospice, has devised a plan to weaken Terri's health and create a shortcut to her death, outside the judicial process, so sure are they of being able to do away with her. 4. Plaintiffs seek a temporary restraining order barring the defendants and their agents, and those acting in concert with them, from withdrawing or withholding food, water, nutrition, and medical care to Theresa Marie Schindler Schiavo, including, but not limited to, food and hydration given her by means of a gastrostomy or any other type of feeding tube in her body, permitting evaluation by therapists and any other health care professional such as a physician to determine the true medical condition of Theresa Marie Schindler Schiavo, and requiring the administration of antibiotics, oxygen, respiratory therapy and other medical treatment for any emergency medical conditions she has or may develop. Page 3 of 6 5. Plaintiffs also seek access to medical information concerning their daughter Theresa Marie Schindler Schiavo from the defendants and, further, seek an order prohibiting the defendants from denying or restricting Theresa Marie Schiavo access to and the ministrations of the aforementioned Rev. Msgr. Thaddeus Malanowski or any other Roman Catholic priest with whom she is acquainted or who wishes to bring her the Sacraments while she is under said defendants' care and watch. 6. Should Terri die while a Temporary Restraining Order is in effect, Defendants and others acting in concert with them should be prohibited from cremating her body, as is Schiavo's stated wish. 7. Although Defendant Schiavo undoubtedly will feel himself thwarted once again, Defendants will not be harmed in any legally cognizable way if this Court issues the requested Temporary Restraining Order and thereby forestalls Terri's death or, at the least, her untreated medical conditions. Nonetheless, Plaintiffs are prepared to post a bond to secure their beloved daughter's life in the amount this Court sets. Page 4 of 6 WHEREFORE Plaintiffs Robert and Mary Schindler respectfully request this Court enter its Temporary Restraining Order Without Notice, enjoining the specific conduct of the defendants as set forth above, and such other and further relief as to the Court seems just and equitable. Dated: St. Petersburg, Florida August 30, 2003 Christopher A. Ferrara, Esq. Specially appearing pursuant to Rule 2.02(a) American Catholic Lawyers Association, Inc. 50 South Franklin Turnpike, Suite 1 P.O. Box 277 Ramsey, New Jersey, 07445-0277 Phone: (201) 236-1799, Fax: (201) 236-3965 LOCAL COUNSEL: PATRICIA FIELDS ANDERSON, ESQ. Fla. Bar No. 352871 447 THIRD AVENUE NORTH, SUITE 405 ST. PETERSBURG, FL 33701 Phone: (727) 895-6505; Fax: (727) 898-4903 Page 5 of 6 CERTIFICATE OF SERVICE ______________________ I hereby certify that I have served a copy of the foregoing Motion for Temporary Restraining Order upon MICHAEL SCHIAVO, MORTON PLANT HOSPITAL ASSOCIATION, INC. and THE HOSPICE OF THE FLORIDA SUNCOAST, INC. with original process served in this action. Patricia Fields Anderson, Esq. Page 6 of 6 --- United States District Court Middle District of Florida Tampa Division Stamped FILED: 03 AUG 30 PM 12:08 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA, FLORIDA CASE NO: 8:03-cv-1860-T-26TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incapacitated ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incapacitated ward; THE HOSPICE OF THE FLORIDA SUNCOAST, INC., AND MORTON PLANT HOSPITAL ASSOCIATION, INC., Defendants. ______________________________/ ORDER _____ Before the Court are the Plaintiffs' Verified Amended Complaint, Motion for Temporary Restraining Order, Memorandum of Law in Support of Plaintiffs' Application for Restraining Order, and supporting Affidavits. After due consideration of the Plaintiffs' submissions, the Court is of the opinion that the Motion for Temporary Restraining Order should be converted to a Motion for Preliminary Injunction requiring -1- notice to the Defendants and that the motion should be scheduled for an expedited hearing in view of the compelling interests at stake. Accordingly, it is ordered and adjudged as follows: 1) The Plaintiffs shall serve the Verified Amended Complaint, the Motion for Restraining Order, the Memorandum in Support of Plantiffs' Application for Restraining Order, supporting Affidavits, and a copy of this order on each of the Defendants on or before 9:00 a.m., Monday, September 1, 2003. 2) The Defendants, if served, shall file a response to the converted Motion for Preliminary Injunction on or before 10:00 a.m., Tuesday, September 2, 2003, with a courtesy copy being delivered contemporaneously to this Court's chambers. 3) The Court will conduct a hearing on the converted Motion for Preliminary Injunction on Tuesday, September 2, 2003, at 2:00 p.m., in Courtroom 15B, United States Courthouse, 801 North Florida Avenue, Tampa, Florida. 4) The Court defers ruling on the converted Motion for Preliminary Injunction until the time of the hearing. 5) The parties shall be prepared to address the jurisdiction of this Court in terms of the doctrine of state action, the doctrine of Rooker-Feldman.1 and whether the various ________ 1 See District of Columbia Court of Appeals v. Feldman, 103 S. Ct. 1303 (1983); Rooker v. Fidelity Trust Co., 4 S. Ct. 149 (1923). -2- federal statutes relied on by the Plaintiffs apply in light of the allegations of the complaint. DONE AND ORDERED at Tampa, Florida, on August 30, 2003. RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record Notary stamp? -> -3- -------- STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared CAROLYN JOHNSON who being first duly sworn deposes and says: 1. My name is Carolyn Johnson, I am over the age of 18 years and make this statement on personal information. 2. I used to work at Sabal Palms nursing home in Largo, for a period of about two years. I actually was employed by a nursing agency and was placed at Sabal Palms as a Certified Nursing Assistant (CNA). I believe the events related here occurred in about 1993. 3. During this assignment I took care of Terri Schiavo several times. The first time I saw her my duties were being explained to me by the nurse on duty. Terri Schiavo was lying in bed. Another patient, also a young woman about the same age and in the same condition, was sitting up in a chair, with a drink cup and straw in front of her. 4. I asked why Terri was not up in a chair, too. I learned, as part of my training, that there was a family dispute and that the husband, as guardian, wanted no rehabilitation for Terri. This surprised me, as I Page 1 of 3 did not think a guardian could go against a doctor's orders like that, but I was assured that a guardian could and that this guardian had gone against Terri's doctor's orders. 5. No one was allowed to just go in and see Terri. Michael had a visitors list. We all knew that we would lose our jobs if we did not do exactly what Michael said to do. 6. I remember seeing Michael Schiavo only once the entire time I worked at Sabal Palms, but we were all aware that Terri was not to be given any kind of rehabilitative help, per his instructions. Once, I wanted to put a cloth in Terri's hand to keep her hand from closing in on itself, but I was not permitted to do this, as Michael Schiavo considered that to be a form of rehabilitation. 7. This entire experience made me look hard at nursing homes. After about two years, I quit this job, because I was so disillusioned with the way Terri was treated. Someone somewhere along the way should have reported this. FURTHER AFFIANT SAYETH NAUGHT. Page 2 of 3 Carolyn Johnson, Affiant Sworn to and subscribed before me this 28 day of August, 2003, by Carolyn Johnson who produced a Florida drivers license as identification. Notary Public My commission expires -------- AFFIDAVIT _________ STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME the undersigned authority personally appeared HEIDI LAW who being first duly sworn deposes and says: 1. My name is Heidi Law, I am over the age of 18 years, and make this statement on personal information. 2. I worked as a Certified Nursing Assistant at the Palm Gardens nursing home from March, 1997 to mid-summer of 1997. While I was employed at Palm Gardens, occasionally I took care of Theresa Schiavo. Generally, I worked the 3 p.m. to 11 p.m. shift, but occasionally also would work a double shift, until 7 a.m. the following morning. 3. At Palm Gardens, most of the patient care was provided by the CNAs, so I was in a good position to judge Terri's condition and observe her reactions. Terri was noticeable, because she was the youngest patient at Palm Gardens. 4. I know that Terri did not receive routine physical therapy or any other kind of therapy. I was personally aware of orders for rehabilitation that were not being carried out. Even though they were ordered, Michael would stop them. Michael ordered that Terri receive no rehabilitation or range of motion therapy. I and Olga would give Terri range of motion anyway, but we knew we were endangering our jobs by doing so. We usually did this behind closed doors, we -1- 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. 5. Terri had very definite likes and dislikes. Olga and I used to call Terri "Fancy Pants," because she was so particular about certain things. She just adored her baths, and was so happy afterward when she was all clean, smelling sweet from the lotion her mother provided, and wearing the soft nightgowns her mother laundered for her. Terri definitely did not like the taste of the teeth-cleaning swabs or the mouthwash we used. She liked to have her hair combed. She did not like being tucked in, and especially hated it if her legs were tightly tucked. You would always tell when Terri had a bowel movement, as she seem agitated and would sort of "scoot" to get away from it. 6. Every day, Terri was gotten up after lunch and sat in a chair all afternoon. When Terri was in bed, she very much preferred to lie on her right side and look out the window. We always said that she was watching for her mother. It was very obvious that her mother was her favorite person in the whole world. 7. I worked side-by-side with another CNA named Olga and could tell that she and Terri were especially close. Olga took a definite personal interest in Terri, and Terri responded to her. I could tell that Terri was very satisfied and happy with Olga's attentions to her. 8. When Olga was talking with Terri, Terri would follow Olga with her eyes. I have -2- no doubt in my mind that Terri understood what Olga was saying to her. I could tell a definite difference between the way Terri responded to Olga and the way she reacted to me, until she got used to my taking care of her. Initially, she "clammed up" with me, the way she would with anyone she did not know or was not familiar or comfortable with. It took about the fourth or fifth time taking care of her alone, without Olga, that Terri became relaxed and cooperative and non- resistant with me. 9. Terri reacted very well to seeing a picture of her mother, which was in her room. Many times when I came on duty it would be lying face down where she could not see it. 10. 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. Olga and I frequently put orange juice or apple juice in her washcloth to give her something nice to taste, which made her happy. 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. 11. On one occasion Michael Schiavo arrived with his girlfriend, and they entered Terri's room together. I heard Michael tell his girlfriend that Terri was in a persistent vegetative state and was dying. After they left, Olga told me that Terri was extremely agitated and upset, and wouldn't react to anyone. When she was -3- upset, which was usually the case after Michael was there, she would withdraw for hours. We were convinced that he was abusing her, and probably saying cruel, terrible things to her because she would be so upset when he left. 12. In the past, I have taken care of comatose patients, including those in a persistent vegetative state. While it is true that those patients will flinch or make sounds occasionally, they don't do it as a reaction to someone on a constant basis who is taking care of them, the way I saw Terri do. 13. I witnessed a priest visiting Terri a couple of times. Terri would become quiet when he prayed with her. She couldn't bow her head because of her stiff neck, but she would still try. During the prayer, she would keep her eyes closed, opening them afterward. She laughed at jokes he told her. I definitely know that Terri "is in there." 14. The Palm Gardens staff, myself included, were just amazed that a "Do Not Resuscitate" order had been put on Terri's chart, considering her age and her obvious cognitive awareness of her surroundings. 15. During the time I cared for Terri, she formed words. I have heard her say "mommy" from time to time, and "momma," and she also said "help me" a number of times. She would frequently make noises like she was trying to talk. Other staff members talked about her verbalizations. 16. Several times when Michael visited Terri during my shift, he went into her room alone and closed the door. This worried me because I didn't trust Michael. When he left, Terri was very agitated, was extremely tense with tightened fists and some -4- times had a cold sweat. She was much less responsive than usual and would just stare out the window, her eyes kind of glassy. It would take much more time and effort than usual to work her hands open to clean her palms. 17. I was told by supervisory staff that Michael was Terri's legal guardian, and that it didn't matter what the parents or the doctors or nurses wanted, just do what Michael told you to do or you will lose your job. Michael would override the orders of the doctors and nurses to make sure Terri got no treatment. Among the things that Terri was deprived of by Michael's orders were any kind of testing, dental care or stimulation. I was ordered by my supervisors to limit my time with Terri. I recall telling my supervisor that Terri seemed abnormally warm to the touch. I was told to pull her covers down, rather than to take her temperature. As far as I know, Terri never left her room. The only stimulation she had was looking out the window and watching things, and the radio, which Michael insisted be left on one particular station. She had a television, and there was a sign below it saying not to change the channel. This was because of Michael's orders. 18. As a CNA, I wanted every piece of information I could get about my patients. I never had access to medical records as a CNA, but it was part of my job duties to write my observations down on sheets of paper, which I turned over to the nurse at the nurses station for inclusion in the patients charts. In the case of Terri Schiavo, I felt that my notes were thrown out without even being read. There were trash cans at the nurses stations that we were supposed to empty each shift, -5- and I often saw the notes in them. I made extensive notes and listed all of Terri's behaviors, but there was never any apparent follow up consistent with her responsiveness. 19. I discussed this situation with other personnel at Palm Gardens, particularly with Olga, and another CNA, an older black man named Ewan Morris. We all discussed the fact that we could be fired for reporting that Terri was responsive, and especially for giving her treatment. The advice among the staff was "don't do nothin', don't see nothin' and don't say nothin'." It was particularly distressing that we always had to be afraid that if Michael got upset, he would take his anger out on Terri. 20. I recall an incident when Olga became very upset because Terri started to get a sore spot, because it might lead to a bedsore. Michael was told about it but didn't seem to care. he didn't complain about it at all, in fact, saying "she doesn't know the difference." When Terri would get a UTI or was sick, Michael's mood would improve. FURTHER AFFIANT SAYETH NAUGHT. Heidi Law, Affiant -6- STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this 30th day of August, 2003, by HEIDI LAW, who produced a Florida Driver's License as identification. Notary Public My Commission expires: -------- AFFIDAVIT _________ STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME the undersigned authority personally appeared CARLA SAUER IYER, R.N., who being first duly sworn, deposes and says: 1. My name is Carla Sauer Iyer. I am over the age of eighteen and make this statement of my own personal knowledge. 2. I am a registered nurse in the State of Florida, having been licensed continuously in Florida from 1997 to the present. Prior to that I was a Licensed Practical Nurse for about four years. 3. I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April 1995 to July 1996, while Terri Schiavo was a patient there. 4. It was clear to me at Palm Gardens that all decisions regarding Terri Schiavo were made by Michael Schiavo, with no allowance made for any discussion, debate or normal professional judgment. My initial training there consisted solely of the instruction "Do what Michael Schiavo tells you or you will be terminated." This struck me as extremely odd. -1- 5. I was very disturbed by the decision making protocol, as no allowance whatsoever was made for professional responsibility. The atmosphere throughout the facility was dominated by Mr. Schiavo's intimidation. Everyone there, with the exception of several people who seemed to be close to Michael, was intimidated by him. Michael Schiavo always had an overbearing attitude, yelling numerous times such things as "This is my order and you're going to follow it." He is very large and uses menacing body language, such as standing too close to you, getting right in your face and practically shouting. 6. To the best of my recollection, rehabilitation had been ordered for Terri, but I never saw any being done or had any reason at all to believe that there was ever any rehab of Terri done at Palm Gardens while I was there. I became concerned because Michael wanted nothing done for Terri at all, no antibiotics, no tests, no range of motion therapy, no stimulation, no nothing. Michael said again and again that Terri should NOT get any rehab, that there should be no range of motion whatsoever, or anything else. I and a CNA named Roxy would give Terri range of motion anyway. One time I put a wash cloth in Terri's hand to keep her fingers from curling together, -2- and Michael saw it and made me take it out, saying that was therapy. 7. Terri's medical condition was systematically distorted and misrepresented by Michael. When I worked with her, she was alert and oriented. Terri spoke on a regular basis while in my presence, saying such things as "mommy," and "help me." "Help me" was, in fact, one of her most frequent utterances. I heard her say it hundreds of times. Terri would try to say the word "pain" when she was in discomfort, but it came out more like "pay." She didn't say the "n" sound very well. During her menses she would indicate her discomfort by saying "pay" and moving her arms toward her lower abdominal area. Other ways that she would indicate that she was in pain included pursing her lips, grimacing, thrashing in bed, curling her toes or moving her legs around. She would let you know when she had a bowel movement by flipping up the covers and pulling on her diaper and scooted in bed on her bottom. 8. When I came into her room and said "Hi, Terri", she would always recognize my voice and her name, and would turn her head all the way toward me, saying "Haaaiiiii" sort of, as she did. I recognized this as a "hi", which is very close to what it sounded like, the whole sound -3- being only a second or two long. When I told her humorous stories about my life or something I read in the paper, Terri would chuckle, sometimes more a giggle or laugh. She would move her whole body, upper and lower. Her legs would sometimes be off the bed, and need to be repositioned. I made numerous entries into the nursing notes in her chart, stating verbatim what she said and her various behaviors, but by my next on-duty shift, the notes would be deleted from her chart. Every time I made a positive entry about any responsiveness of Terri's, someone would remove it after my shift ended. Michael always demanded to see her chart as soon as he arrived, and would take it in her room with him. I documented Terri's rehab potential well, writing whole pages about Terri's responsiveness, but they would always be deleted by the next time I saw her chart. The reason I wrote so much was that everybody else seemed to be afraid to make positive entries for fear of their jobs, but I felt very strongly that a nurses job was to accurately record everything we see and hear that bears on a patients condition and their family. I upheld the Nurses Practice Act, and if it cost me my job, I was willing to accept that. 9. Throughout my time at Palm Gardens, Michael Schiavo was focused -4- on Terri's death. Michael would say "When is she going to die?," "Has she died yet?" and "When is that bitch gonna die?" These statements were common knowledge at Palm Gardens, as he would make them casually in passing, without regard even for who he was talking to, as long as it was a staff member. Other statements which I recall him making include "Can't anything be done to accelerate her death - won't she ever die?" When she wouldn't die, Michael would be furious. Michael was also adamant that the family should not be given information. He made numerous statements such as "Make sure the parents aren't contacted." I recorded Michael's statements word for word in Terri's chart, but these entries were also deleted after the end of my shift. Standing orders were that the family wasn't to be contacted, in fact, there was a large sign in the front of her chart that said under no circumstances was her family to be called, call Michael immediately, but I would call them, anyway, because I thought they should know about their daughter. 10. Any time Terri would be sick, like with a UTI or fluid buildup in her lungs, colds, or pneumonia, Michael would be visibly excited, thrilled even, hoping that she would die. He would say something like, -5- "Hallelujah! You've made my day!" He would call me, as I was the nurse supervisor on the floor, and ask for every little detail about her temperature, blood pressure, etc., and would call back frequently asking if she was dead yet. He would blurt out "I'm going to be rich!" and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things. 11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I'd check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri's mouth to counteract it. This happened about five times on my shift, as I recall. Normally Terri's blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is medically possible that Michael injected Terri with Regular insulin, which is very fast acting, but I don't have -6- any way of knowing for sure. 12. The longer I was employed at Palm Gardens the more concerned I became about patient care, both relating to Terri Schiavo, for the reasons I've said, and other patients, too. There was an LPN named Carolyn Adams, known as "Andy" Adams who was a particular concern. An unusual number of patients seemed to die on her shift, but she was completely unconcerned, making statements such as "They are old - let them die." I couldn't believe her attitude or the fact that it didn't seem to attract any attention. She made many comments about Terri being a waste of money, that she should die. She said it was costing Michael a lot of money to keep her alive, and that he complained about it constantly (I heard him complain about it all the time, too.) Both Michael and Adams said that she would be worth more to him if she were dead. I ultimately called the police relative to this situation, and was terminated the next day. Other reasons were cited, but I was convinced it was because of my "rocking the boat." 13. Ms. Adams was one of the people who did not seem to be intimidated by Michael. In fact, they seemed to be very close, and Adams would do whatever Michael told her. Michael sometimes called Adams at -7- night and spoke at length. I was not able to hear the content of these phone calls, but I knew it was him talking to her because she would tell me afterward and relay orders from him. 14. I have contacted the Schindler family because I just couldn't stand by and let Terri die without the truth being known. FURTHER AFFIANT SAYETH NAUGHT. CARLA SAUER IYER, R.N. The foregoing instrument was acknowledged before me this 29 day of August, 2003, by CARLA SAUER IYER, R.N., who produced her Florida's driver's license as identification, and who did take an oath. Notary Public My commission expires -------- STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared ROBERT SCHINDLER, SR., who being first duly sworn deposes and says: 1. My name is ROBERT SCHINDLER, SR., I am over the age of 18 years, and I make this statement on personal knowledge. 2. I am Theresa Marie Schiavo's father. My wife and I for years have been denied access to any medical information concerning our daughter. Our daughter's husband, Michael Schiavo, is her guardian and has always given the instruction to Terri's caregivers not to provide us with information about her condition. This denial of access to medical information has been a constant, ongoing struggle for years and right up to this day. 3. My daughter was admitted to Morton Plant Hospital on Sunday, August 24, 2003, from the Hospice Woodside facility for medical reasons unknown to us and was released today at approximately 2:00 p.m. and was taken back to Hospice Woodside. Theresa Marie Schiavo was admitted to the hospital on an emergency basis with a Page 1 of 4 high temperature and some sort of infection. 4. Terri had been discharged from Morton Plant on Wednesday, August 20, 2003, and had been taken back to Hospice Woodside, I believe while she was still very ill. She had been in Morton Plant for one week and was admitted for reasons that her mother and I still do not know. 5. For years before this, Terri had been medically stable, with only an occasional urinary tract infection. According to George Felos, the attorney for Michael Schiavo, Terri had first been taken to the hospital on August 14 because she coughed up some blood. No firm explanation has ever been provided to us for why she would be coughing up blood. She had never done this before or anything like that before. 6. On this past Monday, August 25, 2003, Mr. Felos filed an emergency motion for court permission not to treat Terri's current problems, including antibiotics, since she was going to die soon, anyway, even though she had just been admitted to the hospital. In a fax to my lawyer, Mr. Felos said Michael Schiavo was "inclined" not to treat her conditions. Page 2 of 4 7. It is my belief that my daughter should not have been taken out of the hospital and certainly not have been taken back to Hospice Woodside. Her breathing is shallow and labored. At the hospital, earlier today, perhaps one hour before Terri was taken away, she received respiratory therapy to help with her breathing. She also was receiving oxygen therapy, which I observed, and antibiotics through an IV line. 8. It is my further belief that Michael Schiavo has taken her back to Hospice to deliberately avoid any treatment that would help her to get better, which would include antibiotic therapy. It is my belief that Michael Schiavo has moved my daughter back into Hospice in the hopes that she will expire over this Labor Day weekend. In the two and one-half years my daughter has been at Hospice Woodside, I have never seen my daughter receive anything stronger than over-the- counter remedies. If she has needed medical care, she has always been sent to Morton Plant Hospital. I am aware that her treating physician says he has ordered antibiotics occasionally for her, but I have no personal knowledge that this kind of medication was given to her by Hospice personnel. Page 3 of 4 9. It is my belief that my daughter is in extreme danger at this very moment. SWORN TO AND SUBSCRIBED BEFORE ME 29th day of August, 2003, by Robert Schindler, Sr. who is personally known to me. ROBERT SCHINDLER, SR. Affiant My commission expires Page 4 of 4 -------- Please phone if you prefer fax documents IMPORTANT: During this very difficult time, please direct interview requests for the Schindler family to: Media Contact: Pamela F. Hennessy 727-445-1766 Land 727-430-6236 Cel phenn@zimp.org email http://www.terrisfight.org/ http://www.friendsofterri.org/ Other refs: http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt http://webpages.charter.net/honeygrl/terri_schindler.asf http://pub162.ezboard.com/flacipetersonmurderforumfrm30 http://www.conservative-spirit.org/pages/5/index.htm