Dear Mr. McCabe,

As citizens and registered voters, we are outraged that a criminal investigation of Michael Schiavo has not been enacted in the case of Terri Schiavo.  Setting aside the 1991 bone scan showing severe trauma, there are numerous current violations of Florida regarding abuse and neglect. 

1) Fla. Statute 825.102(3) (a) defines neglect as:  “A caregiver’s failure or omission to provide and elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, included but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical service that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
2.    A caregiver’ failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
3.    If the neglect results in great bodily harm, permanent disability, or permanent disfigurement to the disabled person, it is a second degree felony.  If there is no such harm, it is a third degree felony.

In the Schiavo case, Judge Greer authorized the removal of the feeding tube pursuant to the mandate from the Second District Court of Appeals.  He also denied the parents’ Petition for Immediate Therapy, requesting an attempt to help Terri learn to eat by mouth again.  It must be noted that Judge Greer HAS NOT entered an order forbidding the provision of food and water by mouth to Terri after the removal of the tube.

In addition to the abuse and neglect above, Fla. Statute 744.3215 lists that certain rights are retained even after a person is adjudicated to be incapacitated.  It is reasonable to view the language in 1.1 to understand that Michael Schiavo’s violation of those rights should be subject to criminal charges, as his violations have NEVER been adjudicated by the guardianship court.

Furthermore, Michael Schiavo has not properly used the funds awarded for Terri’s care for any appropriate rehabilitation and therapy.  Fla. Statute 825.103 prohibits the misuse of a disabled person’s funds by a guardian and is applicable in this case.

Finally, The Americans with Disabilities Act provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America .  Subpart B, Section 35.130 states, “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.

It is clear that a criminal investigation is in order regarding the infraction of the rights of Terri Schiavo by her estranged husband, Michael.  To deny that this situation is critical to the well-being of this disabled woman is to obstruct justice.  If you feel you cannot undertake such an investigation because of your friendship with Judge Greer, you owe it to the people of Pinellas County to ask the governor to appoint a special prosecutor immediately.  The voters will have the opportunity to voice their disgust at this lack of prosecutorial courage in the voting booth.  We, the grassroots supporters of Terri Schiavo, vow to make this issue very public at the polls.