Abuse Complaint Against Michael Schiavo Made Public
Cybercast News Service - Alexandria,VA,USA
The "motion for intervention and stay" charges that Terri Schindler Schiavo's husband has
abused, neglected and exploited her while seeking the court's ...
http://www.cnsnews.com//ViewCulture.asp?Page=\Culture\archive\200503\CUL20050304b.html
(CNSNews.com) - The Florida agency responsible for protecting disabled and elderly individuals released a sealed, 30-count allegation against Michael Schiavo Friday. The "motion for intervention and stay" charges that Terri Schindler Schiavo's husband has abused, neglected and exploited her while seeking the court's permission to end her life.
The Florida Department of Children and Families (DCF) asked Pinellas-Pasco County Circuit Judge George Greer last week to give it 60 days to investigate the 11-page complaint.
The DCF motion, released Friday, argues that the agency cannot complete the investigation or provide Terri with services required by law if the 60-day stay is not granted.
"The allegations in the abuse reports go to the heart of whether abuse, neglect and/or exploitation [have] been perpetrated by [Michael Schiavo]," DCF attorneys wrote, "such that any relief afforded by this court to [him] prior to the conclusion of such investigation would be tragically misplaced."
The complaint accuses Schiavo of:
Failure to exercise Terri's arms, resulting in "severe contractures,"
Failure to provide appropriate medical therapy,
Failure to investigate the rehabilitation value of newly available technologies,
Interference in communication with and visitation by Terri's family members and friends,
Denial of access to independent legal counsel,
Failure to file guardianship reports as required by law,
Failure to provide required legal notices to Terri, and
Performing experimental procedures without following proper medical and legal procedures.
The agency concluded that an injunction against Michael Schiavo removing Terri's feeding tube, "would prevent irreparable and immediate harm from occurring by allowing these and other allegations to be investigated."
The agency also reminded Judge Greer that "The court's determination that it has reviewed some or all of these facts does not relieve DCF from discharging its investigative duties."
The motion notes that DCF is bound by Florida law to investigate the allegations and that the courts have been denied authority to prohibit such investigations. Additionally, the agency is responsible for providing protective services to disabled individuals when their loved ones cannot or will not provide those services.
"Plainly stated, due to the investigation and potential need for examination of the alleged victim, surroundings and circumstances as required by law," DCF attorneys wrote, "DCF is interested, directly and immediately, in that part of the guardianship proceeding which calls for the removal of life support, because such action would deny DCF's ability to meet its statutory duty."
Greer is expected to rule next week on whether he will allow the agency to intervene in the case and proceed with its investigation. If he refuses, DCF could seek a protective order from a higher court giving the agency access to Terri and forbidding anyone from removing her feeding tube.
George Felos, attorney for Schiavo and a recognized "right-to-die" advocate and author, has previously denied that his client was mistreating Terri in any way. He accused DCF's actions of being politically motivated.
WHAT DO YOU THINK OF THE TERRI SCHIAVO CASE?
by Mary 95 Replies latest jw friends
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NewLight2
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talesin
FYI
www.cnsnews.com is a division of ...
The Leader in Documenting, Exposing and Neutralizing Liberal Media Bias
... hmmm ... I would say this 'article' is thinly-veiled propaganda.
t
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NewLight2
talesin,
I have been following the Schiavo case since 2003, when Terri's feeding tube was removed and then replaced. I signed up for "Google (news) Alert - Schiavo Terri" at that time. I have read a wide variety of news articles published by numerous newspapers, news agencys and such. I have NOT kept all of the 'Alert' emails that I have recieved. Neither have I bookmarked ALL of the articles I have read. Newspapers tend to delete such articles anyway. Or if they keep them - they charge you to read their archives. I was NOT planning on writing a research paper on this topic, so I do not have access to all of the information that I have read in the past. I remembered reading several articles on Florida's Department of Children and Families complaint that was just unsealed at the beginning of March '05. I went looking for an archived copy tonight that one (CNSNews.com)was the first FREE copy using Google Search that I came to.
http://www.google.com/search?q=Schiavo+Department+of+Children+%26+Families&hl=en&lr=&ie=UTF-8&start=0&sa=N
Here is the URL to a similiar article - but that place NOW requires a person to register to read the archived article. I did not want to take the time to register so I printed out the other one instead.
http://www.miami.com/mld/inquirer/news/local/states/pennsylvania/counties/montgomery_county/11056102.htm
If the FACTS are right, what differece does it make where the news article is archived??
Before you discount my research, why not check out the facts for yourself by doing your own research.
NewLight2 -
NewLight2
talesin,
To see the pdf and the orig article you will need to regester, but here is what the article said. At the end are more URL's.
http://www.philly.com/mld/philly/news/11053546.htm
Florida agency had 30 allegations of abuse in Terri Schiavo case
By Christine Schiavo
INQUIRER STAFF WRITER
Court documents unsealed today show that Florida's
Department of Children and Families asked to intervene in the
Terri Schiavo case because the agency wanted to investigate 30
allegations of abuse, neglect and exploitation.
In a petition filed Feb. 23, the department had asked a judge to
delay the removal of the brain-damaged woman's feeding tube,
saying the agency needed no more than 60 days to investigate
the allegations against Michael Schiavo, her husband.
Pinellas Circuit Court Judge George Greer will hold a hearing
on the petition at 1:30 p.m. Wednesday.He recently ordered
Schiavo's feeding tube removed on March 18.
Schiavo, 41, formerly of Huntingdon Valley, has been
brain-damaged since 1990 when her heart stopped for several
minutes from what doctors called a chemical imbalance.
Her parents, Bob and Mary Schindler, have waged a
controversial legal battle to keep Michael Schiavo, Terri's legal
guardian, from removing her feeding tube.
Michael Schiavo has said his wife did not want to be kept alive
by artificial means. The Schindlers have maintained that their
daughter's condition could improve with proper treatment and
have sought to have Michael Schiavo removed as guardian.
The Department of Children and Families has not released
details of the abuse allegations. But among the charges listed in
the petition were that experimental procedures were performed
without following proper medical and legal protocol and that
Terri Schiavo suffered "severe contractures," or shortening of
the muscles, in her arms due to a lack of proper care.
The petition does not say who made the allegations, which
were received through the department's hotline on Feb. 18 and
Feb. 21.
The Schindlers' attorneys did not returned a call for comment.
Michael Schiavo is expected to issue a statement on the
petition later today.
Last week, George Felos, Michael Schiavo's lawyer, said that
the state's entrance into the case stemmed from political
pressure on Gov. Jeb Bush and Florida lawmakers by
supporters of the Schindlers and others in the right-to-life
movement.
The original filing by the agency was kept sealed, but Greer
opened it after hearing arguments from a Tampa newspaper
and TV station this week.
Schiavo has been tube fed since 1990. Michael Schiavo was
successful in having the tube disconnected twice for short
periods in 2001 and 2003.
The feedings continued after the Florida Legislature passed a
law giving the governor authority to reinsert the tube in 2003.
The Florida Supreme Court later found that law
unconstitutional.
The Schindlers, however, have filed numerous motions in court
that have postponed the removal of the tube.
Contact staff writer Christine Schiavo at 215-348-0337 or
[email protected].
? Petition by Florida's Department of Children and Families to intervene to investigate abuse allegations PDF
http://www.realcities.com//multimedia/philly/inquirer/KRT_packages/archive/schiavo3-4-05.pdf -
JustTickledPink
I only read news that is actually written by legitimate news stations. Either post something on CNN or FOXNEWS or MSNBC. Those articles you keep posting are run by a website that has an agenda. It might look like news to you, but it looks like propaganda to me.
Bottom line is: This happens every day. People get unplugged every day, this case has gotten a lot of attention but it's not the only case like it.
My question to everyone that wants her to stay on the feeding tube is this? WILL YOU PAY FOR HER CARE? Is everyone that wants her to stay alive willing to fun the care she will need for the next 50 years while she lays in that hospital bed? Everyone has an opinion, but who wants to step up and actually provide the care, including changing her diaper, changing her sheets, etc for the next 15 years? This doesn't come cheap. In fact it you're on life support it will run into the thousands every day. If the government steps in, are they going to also use tax payer dollars now to fund her care? Do they want ALL the responsibility?
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CoonDawg
Here's the letter I wrote:
Dear Congressman:
This letter is to you concerning next week?s special session of congress to assert government authority into the matter of Terri Schaivo. While I recognize the Republican?s evangelical zeal, I don?t see that their emotionally motivated zeal should be reason to abuse the powers of the congress. From what I?ve looked at about the case, this legislative strong arm tactic has already been tried by the Florida governor and this was struck down as unconstitutional by the courts. To try this again at the national level is folly. In my opinion, this is simply Sen. Frist?s as well as the rest of the majority?s attempt to gain a few pre-recess political points with the right wing evangelical base?.nothing more. If these clowns can?t include an exception to a bankruptcy bill that protects soldier?s families, I seriously doubt their concern for this one woman, beyond what it will do for them in short term political gains. I urge you to stand opposed to this nonsense, not out of a sense of callousness for life, but rather out of integrity for balance in our 3 branch system of government and the balance that is supposed to be maintained. If everything that the judiciary does is subject to congressional override, our system of government is in serious jeopardy.
I too think that this case sets dangerous precedents...only my concerns are much different than those already expressed here. I see a dangerous pattern of late where congress and the senate seem to want to invalidate the power that the judiciary has always held. This is a fundamental change in our form of government that is not healthy. This is exactly why the founding fathers split the power as they did. I hope that people come to their senses and become concerned with real problems....like wether or not atheletes should inject steroids...you know...real life and death stuff.
Ern
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TheOneBuck
NewLight2:
I was not calling you out at all, and after re-reading my post I sounded like an ass and for that I appologize. I did check out the link but I agree with the poster there was nothing there that overwhelming to make me think different. Bottom line is, if I was dying I would want my SO have the final say, not my parents or the goverment. My question to others who support her, how do you know she is not miserable now and is hoping to die? Is that not inhumane as well. Plus, by removing here feeding dude is not a cruel painful death like many are saying. In fact is painless peaceful death.
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Euphemism
NewLight wrote:
If, and I do say IF, Michael caused this to happen, don't you think that Terri's parents deserve to present this evidence in court. Judge Greer will NOT allow them to do this!
If the trial judge made mistakes, that's what the appeals process is for. I haven't been following this case in as much detail as you have, so please correct me if I'm wrong. But hasn't this been appealed to the Florida Supreme Court already?
The newspaper article you quoted says:
Last week, George Felos, Michael Schiavo's lawyer, said that the state's entrance into the case stemmed from political pressure on Gov. Jeb Bush and Florida lawmakers by supporters of the Schindlers and others in the right-to-life movement.
IF there really is substance to the complaint, then it should be investigated. But the timing is suspicious. I'm sure the DCF has been aware of this case for quite some time; why would they only decide to start investigating now?
Still, I think that an intervention by the DCF--a state agency with direct jurisdiction--is at least more legitimate than an intervention by Congress.
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talesin
Thank you for addressing that, NewLight.
It sucks when they make us pay to read their rags! hehehe I appreciate your cutting & pasting the Philly article.
And yes, I have been following the story (how could I help it, they won't let it go, must be making good ad dollars!) ... you might note that I haven't expressed any opionions on the case. :D I don't really have an opinion, but have been reading the thread with interest as the debate progressed.
That being said, I just wanted to point out that that particular website was, in my opinion, biased. This would be an FYI for the folks who did not look up the source. Think-tank sponsored 'news releases' are often slanted, and do not constitute valid argument when presented as unbiased reportage. The source website speaks for itself.
t
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Swan
I think Congress should worry more about feeding the living instead of feeding one person who is "mostly dead." We have many people starving and unemployed in this country, and we have other countries we are now responsible for (Iraq, Afgaghastan). I think they need to turn their attention to really important matters and forget about stirring up more trouble in a case that has been hashed, rehashed, and decided by the courts.
Tammy
