Date:
To:
Attorney General John Ashcroft
Delegate
Bob Marshall
Ref: Continuation for Request of Intervention on behalf of Terri Schiavo (October 21st)
As in previous letters dated October 21st, 22nd and 23rd, this letter serves as our request for urgent action on behalf of Terri Schiavo by Federal officials. We are asking for:
We further request an immediate intervention to provide protective custody and care for Terri Schiavo.
Please see attached statements which overwhelmingly substantiate the need for urgent action on your part.
Sincerely,
Debra L. Vinnedge
Cc:
Robert & Mary Schindler, Robert
Schindler Jr., Suzanne Carr (family)
Dr. Jay
Carpenter, Dr. William Hammesfahr, Jana Carpenter, RN, Eleanor Dreschel, RN,
Msgr. Thaddeus Malanowski
Attachment Pages 1-4
Criminal
Investigation of Michael Schiavo
1) Nurses’ testimony:
Heidi Law, Carla Sauer-Iyer, Carolyn Johnson have been ignored and dismissed
without hearing; each testified that Michael was abusive to Terri and may have
attempted to kill her by insulin injection and attempts to induce pneumonia by
turning the thermostat in her room to 64 degrees.
2) Michael Baden, top
forensic pathologist in country and interviewed on Fox News National Television
broadcast
a)
Terri’s injuries are not consistent with a heart attack; no cardiac evidence
to support it
b)
Extremely rare for potassium imbalance on woman her age and in her good health
c)
Injuries are consistent with severe trauma possibly caused by a beating
d) The injuries in medical records warrant an immediate investigation
3) Dr. William Hammesfahr,
Nobel prize nominee and neurologist testified that Terri’s neck injuries are
consistent with only one type of injury: that of strangulation.
4) Terri’s doctor, Dr.
Gambone resigned; he had previously testified Terri would die within a few days
of starvation/dehydration. Terri has
an obvious will to live.
5) Michael has enlisted the
services of a new doctor, Stanton Tripodis, who has 5 malpractice suits against
him. Clearly, Michael is attempting
to provide sub-standard care for his wife.
Case
no. 97007946C1 filed
Case no. 94003739C1 filed
Case
no. 95000873C1 filed
Case
no. 96001434C1 filed
Case
no. 98002289C1 filed
6) Michael is committing
adultery by living with another woman who has already born one child with
another on the way, thereby creating an obvious conflict of interest as
guardian.
7) Michael has committed
both perjury (2 counts) and insurance fraud by promising to provide care and
therapy for his wife in exchange for the court award of 1.2 million dollars in
1993. No care has ever been provided
to Terri.
8) Michael 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.
9) Co-conspirator George J.
Felos combined and conspired with 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
"helping" incapacitated people to die by categorizing them as
"terminal," warehousing them, and depriving them of therapy and
rehabilitation services. (Attorney Felos is Director of Florida Right to Die and
has testified that he can ascertain a person’s desire to die by “looking
into their eyes and letting their spirit speak directly to him”)
10) Investigate Insurance
company established in Jan 2001 at the home of Michael Schiavo and his
girlfriend/fiancee Jody Centonze. (Jerger and Centonze Insurnace Agency Inc.)
Michael is listed on the Board of Directors for the corporation.
Note: Insurance is deliberately misspelled in the State of
11) Michael continues to
deny Terri the right to receive Holy Communion as part of her Catholic and civil
right.
Criminal
Investigation of Greer for Prejudice and Judicial Misconduct
1) Refusal to hear credible
testimony
Judge Greer refused to
acknowledge testimony of 10 doctors and 3 nurses who have cared for Terri and
who testify that:
a)
Terri is not in a persistive vegetative state
b)
Terri is able to be rehabilitated with care and therapy
c)
Terri’s original injuries are questionable and consistent with spouse abuse
and attempted strangulation
d)
Terri has been abused and neglected by her husband; denied treatment for
infection and possible attempted murder while in nursing home care (discovery of
empty insulin vial and temperature in room set at 64 degrees)
Jude Greer instead chose to
believe contrary testimony by two of Michael’s representatives who are:
a)
A doctor who rarely sees Terri (Dr.
Gambone who has now resigned as Terri’s doctor)
b)
Ronald Cranford,
Example
of testimony ignored:
Dr. Alexander T. Gimon, Clinical Neuro-psychologist, presents evidence that
Terri Schiavo does indeed have cognitive function and should receive therapy:
"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."
2)
Judicial Canon violation – motion to dismiss Greer
a)
Greer revealed information about the case, predisposition as to how he would
rule, merits of the case, testimony he had received to local reporters without
counsel present.
b)Judge
Greer advised Tampa Atty General office that if Gov Bush was a lawyer, his
letter to the judge would be a grievous offense under Fl Bar rules; statements
made without counsel present.
c)
Motion to Disqualify Judge Greer filed on Fri. Sept 5th at which time Judge
Greer contacted Deputy Atty General John Carassas and Sheriff Rice in an attempt
to attack the factual basis of the motion and affidavits.
3)
Conflict of Interest and Prejudice
Judge George Greer is not
impartial. He has worked side by side as county commissioner with Barbara Sheen
Todd (county commissioner) for eight years. Barbara Sheen Todd is on the board
of the hospice. Also, Judge Greer's fellow judge, Judge John Lenderman is the
brother of Martha Lenderman, also on the hospice board. Greer accepted as the
basis of his rulings, the questionable testimony of Michael Schiavo that Terri
would wish to be killed, yet Michael never stated this until he had received the
1.2 million dollar settlement. Greer also accepted as the basis of his rulings,
the "opinion" of a third doctor who is the brother of a close
associate of George Felos, right-to-kill attorney, and very significantly,
former Chairman of the hospice board.
4)
Denial of Guardian appointment to Ensure Medical Care
Judge Greer refused to allow
a non-biased guardian to be appointed for Terri’s care, despite numerous
citations of the violation of Terri’s rights under State and Federal Law for
disabled persons, including assignment of guardian as a requirement under Fl
Law, Section 744. 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 the majority of the proceedings. Attorney Pearse who was assigned by the
court in 1998 was dismissed from the case by the state court on motion by
Michael Schiavo’s attorney George J. Felos.
5)
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
"... 825.103 Exploitation of an elderly
person or disabled adult; penalties.--
(1) "Exploitation of an elderly person or
disabled adult" means:
(a) Knowingly, by deception or
intimidation, obtaining or using, or endeavoring to obtain or use, an elderly
person's or disabled adult's funds, assets, or property with the intent to
temporarily or permanently deprive the elderly person or disabled adult of the
use, benefit, or possession of the funds, assets, or property, or to benefit
someone other than the elderly person or disabled adult, by a person who:[Felos
and Greer need to be investigated by the State of Florida and the US Attorney
General.]
1. Stands in a position of trust and
confidence with the elderly person or disabled adult; or
2. Has a business relationship with the
elderly person or disabled adult; or
(b) Obtaining or using, endeavoring to
obtain or use, or conspiring with another to obtain or use an elderly person's
or disabled adult's funds, assets, or property with the intent to temporarily or
permanently deprive the elderly person or disabled adult of the use, benefit, or
possession of the funds, assets, or property, or to benefit someone other than
the elderly person or disabled adult, by a person who knows or reasonably should
know that the elderly person or disabled adult lacks the capacity to consent.
(2)(a) If the funds, assets, or property
involved in the exploitation of the elderly person or disabled adult is valued
at $100,000 or more, the offender commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
[Terri's fund reportedly only has $50,000 left. Felos himself has admitted
receiving $500,000 to assist in killing Terri.]
(b) If the funds, assets, or property involved
in the exploitation of the elderly person or disabled adult is valued at $20,000
or more, but less than $100,000, the offender commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved
in the exploitation of an elderly person or disabled adult is valued at less
than $20,000, the offender commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 4, ch. 95-158; s. 5, ch. 96-322;
s. 1, ch. 97-78.
Criminal
Investigation of Hospice On the Following Counts:
1) Conflict of interest;
violation of federal policy: Mary Laybak, CEO of Woodside Hospice has direct
ties to Euthanasia Society of America and Hemlock for Hospice, an organization
that seeks to accelerate the dying process.
Federal funds may not be used for these purposes (see below)
2) Hospice is a federally
funded program designed for terminally ill and those whose death is eminent.
Terri has been in Hospice illegally for three years under Medicaid
payments.
3) US Dept of Health and
Human Services is currently trying to collect
$14.8 million from Florida Suncoast Hospice, owed to them since 1997.
4) Hospice is accused of
patient brokering and several lawsuits filed by Attorney Jonathan Alpert are
pending.
5) Violation of the Rehabilitation Act of 1973
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 assistance.
Hospitals and hospices that accept Medicare and Medicaid funding are subject to
the Act...." Hospice Woodside is
subject to the Act because it receives federal funding.
6) 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.
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.
7)
Under Federal Statute TITLE 42 CHAPTER
138 Sec. 14402. Sec. 14402. - Restriction
on use of Federal funds under health care programs
(a)
Restriction on Federal funding of health care services
Subject
to subsection (b) of this section, no
funds appropriated by Congress for the purpose of paying (directly or
indirectly) for the provision of health care services may be used -
(1)
to provide any health care item or service furnished for the purpose of causing,
or for the purpose of assisting in causing, the death of any individual, such as
by assisted suicide, euthanasia, or mercy killing;
Nothing
in subsection (a) of this section, or in any other provision of this chapter (or
in any amendment made by this chapter), shall be construed to apply to or to
affect any limitation relating to -
(1)
the withholding or withdrawing of medical treatment or medical care;
(2)
the withholding or withdrawing of nutrition or hydration;
(3)
abortion; or
(4)
the use of an item, good, benefit, or service furnished for the purpose of
alleviating pain or discomfort, even if such use may increase the risk of death,
so long as such item, good,
benefit, or service is not also furnished for the purpose of causing, or the
purpose of assisting in causing, death, for any reason.
To: Delegate Bob Marshall
Attorney
General John Ashcroft
Ref:
Denial of Civil Rights Continues:
Letter 3
In
Continuation of complaint sent October 21st on behalf of Terri
Schiavo
Oct
22nd (AM)
Upon arrival at
Morton Plant Hospital Nurse, Melanie MacAuliffe refuses to acknowledge Terri is
a patient at the hospital to attorneys for the family.
Attorneys filed an emergency motion to restore visitation at once.
Michael’s attorney Debra Bushnell faxed a letter to the parents’ attorney,
Pat Anderson authorizing the family visits. The family priest, Msgr. Malanowski
was not included in their letter and was still barred from visiting Terri.
When the family arrived to visit Terri, they discovered she had been moved to
“an undisclosed location”. The
family was not notified she would be moved, nor were they told where she would
be taken and no medical information as to the status of Terri’s health was
provided.
Terri was returned to hospice and her feeding tube was reinserted.
Terri is still being refused the right to receive Holy Communion as part
of her Catholic Rite.
Mr. Ashcroft, it is clear
that Mr. Schiavo and his attorney have absolute disregard for the best interests
of Terri Schiavo. After starving her
for 7 days with no food or water, she has now once again been prematurely
released from the hospital. On August 14th of this year, Terri was
admitted to the hospital with pneumonia and three days later, Michael ordered
her to be released. She would spend the next two weeks in and out of the
hospital due to the instruction of Michael to have her sent back to hospice,
despite her fever and obvious labored breathing from a collapsed lung.
The court today ordered a
guardian ad litem to be assigned for litigation only and this will not provide
the relief and protection regarding medical and therapeutic care that Terri is
entitled to as a disabled American, under both Federal and
CC: Robert
& Mary Schindler, Robert Schindler Jr., Suzanne Carr (family)Dr. Jay
Carpenter, Dr. William
Hammesfahr, Jana Carpenter, RN, Eleanor Dreschel, RN, Msgr. Thaddeus Malanowski
October 22, 2003
To: Delegate Bob Marshall
Attorney
General John Ashcroft
Ref: Continued Denial of Civil Rights –
Terri Schiavo
October 21st
A Catholic miraculous medal
of the Blessed Virgin Mary that had been blessed by Pope John Paul II was
brought to Terri Schiavo to be placed on her person, bedside or where she could
visibly see it in her room at Woodside Hospice.
However, the medal could not be given to her because in fact, all
religious holy cards of various saints and various Catholic artifacts had been
removed from her room and thrown away. We
were fore-warned that if the medal was placed anywhere in her room or on her
body it would be thrown away.
October 21st
The Executive Order signed
by Governor Bush to immediately begin hydration and nutrition was received at
Hospice by both fax transmission and official delivery.
Hospice refused to reinsert the feeding tube, claiming there was no
medical personnel to do so, despite the fact that they were the ones who removed
it on October 15th. They
promised to transfer Terri to a local hospital as quickly as possible.
In addition, two medical
doctors had been summoned to Hospice and were denied entrance to perform the
procedure as indicated by Governor Jeb Bush.
They were also denied access to observe the patient and her condition.
An ambulance arrived to take Terri to Morton
Michael Schiavo has denied
visitation at the hospital to all members of Terri’s family.
A request for immediate
appointment of a guardian ad litem to protect Terri’s medical interests and
physical well being was denied by Judge David A. Demers.
In
light of the fact that the court order to provide therapy for Terri Schiavo
under the malpractice settlement has been denied by the husband; that he has
access to Terri and can cause her harm and that he clearly does not represent
her best interests, we request immediate intervention to:
1)
Appoint a guardian ad litem to protect Terri Schiavo’s interests and ensure
she is given proper medical treatment.
2)
Open an immediate criminal investigation which has never been conducted in this
case.
3)
Block the cremation of Terri’s body should death ensue, so that evidence is
not destroyed.
4)
Restore the rights of visitation and access to the family.
Sincerely,
Debra L. Vinnedge
Date:
To:
Attorney General John Aschcroft
On
Behalf of Theresa Maria Schiavo - Violation of Civil Rights Against the
Handicapped
We
the undersigned family, friends and medical caregivers of Theresa (Terri) Maria
Schiavo request an immediate investigation and emergency intervention to stop
her starvation dehydration death due to the following violations of her civil
rights under the US Constitution:
Denial of Civil Rights by Michael Schiavo,
husband:
By
court order in a malpractice suit filed by Michael Schiavo in 1993, $700,000.00
of the settlement was to be used exclusively for Theresa’s rehabilitation.
To date, no rehabilitation, medical or physical therapy has ever been
provided to Terri.
Upon
receipt of the award in 1993 medical records were ordered sealed by Michael
Schiavo. Ten years later these
records were unsealed and would reveal massive injury and a history of possible
domestic violence and abuse.
While
under nursing home and hospice care, Michael Schiavo ordered no physical
therapy, oral feeding or treatment for Terri. He further directed that Terri
only be sustained in a nursing home which is contrary to the intent of the award
money. Michael Schiavo has on two occasions unsuccessfully attempted to
end Terri’s life by instructing her caretakers not to medicate Terri for
potentially fatal infections, the first of which occurred less than nine months
after receiving the malpractice award money.
As Terri’s legal guardian, her husband has
used her medical fund money to offset the legal costs when his guardianship of
Terri was initially challenged and to pay the current legal costs to have
Terri’s life ended.
Denial of Civil Rights by Judge Greer:
February
2000 – Judge Greer condemns Terri to death by dehydration/starvation without
any clear and convincing evidence as required by statute.
There is no written living directive.
March
2000 – Sworn affidavits provided to the court by three physicians that Terri
is able to eat. Judge Greer denies a
petition to the court to perform swallowing tests on Terri, part of her
court-ordered therapy.
Judge
Greer further authorized personal security personnel costs for Michael Schiavo
to be taken from Terri’s medical fund.
NOTE: NO CRIMINAL INVESTIGATION HAS EVER
BEEN CONDUCTED IN THIS CASE AND ATTEMPTS TO DEMAND SUCH INVESTIGATION HAVE BEEN
SUMMARILY DENIED AND BLOCKED UNDER COURT ORDER OF JUDGE GREER. IMMEDIATE
CREMATION OF THE BODY WILL OCCUR UPON HER DEATH, THUS DESTROYING ALL CRIMINAL
EVIDENCE.
Denial of Civil Rights by Michael
Schiavo’s appointed physicians:
There
is no court order to deny Terri Schiavo oral feeding.
This was put in place by Michael Schiavo’s appointed doctors, in direct
violation of the previous court orders to provide therapy and rehabilitation for
Terri.
Denial of Civil Rights by
On
October 15th at
On
October 18th, 19th and 20th Monsignor Thaddeus
Malanowski was refused the right to administer Holy Communion to Terri as part
of her Catholic Last Rites. This
order was expressed directly by Michael Schiavo, his attorneys and the local
police guarding Terri’s room who told the priest they would “stop him if he
attempted to give her Holy Communion.”
It is
a criminal violation to abuse, neglect or exploit a disabled person, all of
which have been perpetrated on Terri Schaivo and we petition your immediate
intervention and investigation.
Presented
by: Debra L. Vinnedge
Mary and Bob Schindler
Robert Schindler, JR
Suzanne Carr
William Hammesfahr, MD
J.D. Young, MD
James Eckart, MD
Jay Carpenter, MD
Eleanor Dreschel, RN, MS
Jana Carpenter, RN, MS
Msgr. Thaddeus Malanowsk
STATE
OF
Filed this 21st Day of October, 2003