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Date:
To:
Attorney General John Ashcroft 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) 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 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 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: 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 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 Ref:
Denial of Civil Rights Continues:
Letter 3 Oct
22nd (AM)
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 Ref: Continued Denial of Civil Rights –
Terri Schiavo October 21st October 21st 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.
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
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