This is a tragic situation where a family has been divided by a calamity. Terri Schindler-Schialvo collapsed in 1990, and in 1998 her husband sued for permission to remove her feeding tube. His request was granted, and the only reason Terri is still alive is that her parents are fighting tooth and nail to keep the order from being carried out.
It looks like they are about to lose that battle. Despite evidence of purposeful movement, attempts to speak, recognition and reaction to family members, despite the diagnoses and written opinions of physicians and therapists, the courts have agreed with Mike Schialvo and his lawyer that Terri is in a persistent vegetative state, and a candidate for removal of life support, which in her case, consists of a feeding tube.
The feeding tube is the only reason that Terri is at risk for court ordered euthanasia. If she could be fed by spoon, she could not be allowed to die. Unbelievably, in March of 2000, the judge in the case, Judge Greer, denied her parents and doctors the right to test her ability to swallow, or eat from a spoon. This is simply incredible, since she doesn't drool, controlling her own saliva by swallowing.
For more about the case, including video of Terri responding to family and friends, go here.
There's something seriously wrong here.
First of all, if we're going to kill this girl, then why make her suffer through 10-14 days of thirst and starvation? Be merciful and kill her quickly with a lethal injection. Both actions will certainly cause her death; why make her suffer?
Squeamishness.
The right-to-die crowd has quite correctly assessed the mindset of most Americans. We don't like killing somebody just because they're sick, but as long as we can maintain the fiction that we are "allowing them to die", we can live with it. If we don't act, but through inaction allow her to die, somehow we believe that no moral burden falls on us.
It's bullshit.
Whether death comes from withdrawal of treatment or a lethal injection, the intent to kill is there, so if you're going to kill her, dispense with the hypocrisy and don't let her suffer. Dragging it out over 2 weeks is certainly the les moral of the choices, adding torture to murder.
And it is murder, make no mistake.
That squeamishness reveals the second problem, and identifies why this is murder. Terri left no clear instructions on what should happen in the event of her incapacitation. We have the statment of her husband, which is contradicted by her parents. That simply isn't enough to go on. Making the decision to end a life should only be taken when the evidence is overwhelming, and that isn't the case here. If this were a capital punishment case, the sentence would be thrown out on appeal in a heart beat. Why should a convicted felon have more protection than an innocent victim? So why would this judge allow the removal of the feeding tube under such shaky pretenses?
I can only assume it is because he pities Terri Schialvo, and feels like he needs to put her out of her misery. He may have looked at her, and seen himself, and decided that since he wouldn't want to live that way, she wouldn't either. The problem is, that shouldn't be the basis of his decision. If she can be fed by a spoon, then she can't be allowed to die. Why not allow that test? granted, if she fails it, that won't stop her parents from trying to save her life, but if she passes it, it would prevent a terrible miscarriage of justice.
Isn't that worth the time?
Posted by Rich at August 28, 2003 3:53 PM | TrackBackMy grandfather had a stroke last November which left him somewhat normal but they had to feed him with a tube via "drilling" a hole in his chest to snake the tube in to his stomach. After another stroke my grandfather was more or less incapcitated. He probably could have lived another year or more but our family made the decision to quit feeding him (which he wanted and also expressed in his living will). Although it was hard to see him fade into a comatose state it was controlled with many morphine injections. The hard part was waiting for him to die. He lasted approx 5 days without food/water before his heart quit beating. While doing the "death vigil" I remarked to a nurse that I wish we could just inject him with a massive load of morphine to end it. Her response: "We just have to let God work it out". Sorry bitch.."FUCK GOD"...was my response. Needless to say she didnt share my agnostic beliefs in the fallacy of believing that a loving "God" or letting "Nature take its course" was the route to go. I watched the videos and failed to see what kind of "normal life" she could achieve if she were given therapy as her parents desire. If you call laying around in bed, moaning, looking at balloons or responding to a doctor sticking a cotton swab in her mouth a "nice life" then let me bash you in the head with a hammer a couple of times so you can enjoy the "nice life" while you are being fed with a feeding tube for the next 20 years or so. Of all the news reports (including the extreme right wing/Christian whacko Worldnet Daily) no doctors or therapists have said exactly what kind of life she could lead if she had therapy or what not.
The right-to-die crowd has quite correctly assessed the mindset of most Americans. We don't like killing somebody just because they're sick, but as long as we can maintain the fiction that we are "allowing them to die", we can live with it. If we don't act, but through inaction allow her to die, somehow we believe that no moral burden falls on us
I dont buy that shit for a minute. If you "anti right to die crowds" would quit calling it murder by putting an 88 year old man (my grandfather) out of his misery with one quick injection then there would be no suffering. Its not the right to die crowd that insists on letting "nature take its course" in 12-14 days its YOU that wont let family members end it instantly.
Posted by: Justin on August 28, 2003 10:05 PMJustin, I'm sorry to hear about your grandfather, but there are significant differences in the two cases. Your grandfather left clear instructions; Terri Schialvo did not. I never said, nor did anyone else that Terri could be given anything resembling a "normal life." My point is that her condition does not clearly meet the classical definition of PVS, and her husband is preventing any tests to try and resolve the ambiguity.
The root question in her case, unlike your grandfather's, is "Do we want to grant the authority to the State to decide when to put a person out of their misery based on the perceived quality of life?"
My answer to that question is not just no, but HELL NO!
Nobody has the right to make that decision, not the State, and not the doctor. Allowing the family to make the call is more problematic, as the Schialvo case has demonstrated. Both sides of the fight have a deep knowledge of Terri, yet they differ on what they believe her wishes would be. How can a judge presume to decide between them?
When ambiguity about the patients condition, and ambiguity about the patients wishes exists, how can the judge claim the right to decide?
On the other hand, if a person has left clear instructions, as did your grandfather, I don't believe in starving them to death. Give them a shot and send them on their way.
I'll go on record right now for myself. If I am brain dead, i.e. no higher brain functions, then I have already moved on. End the body's suffering as quickly as possible.
Again, I'm sorry to hear about your grandfather. That's an ordeal that nobody should have to face.
Posted by: rich on August 29, 2003 10:36 AMI didnt mean to sound like an ass, it just touched a nerve. i agree that her husband is indeed an ass. if he had acted like a "normal" human being then this whole scenario may never have happened...then again parents hate to lose their children so they might have continued to give her therapy regardless of what happened (cant decide whether the parents are selfish and want to have their daughter alive in the phys cond she is in or if they honestly believe she will become "normal" again). Legalized euthanasia is about as touchy as abortion. Do you legally kill a baby in the womb who has no say so in the matter or outlaw it...do you legally euthanize someone who has no say so in the matter or outlaw it?
Posted by: Justin on August 29, 2003 3:07 PMOur son Ryan sufferred a severe brain injury 12 years ago. Since then he hasn't been able to walk or talk, and is totally dependent on us. But he can watch TV, and he can laugh. I've watched all the movies of the Police Academy series more times than I can count. All the Vacation movies too. "Lowbrow" is truly his genre.
Is he more handicapped than someone who can walk and talk, but who doesn't laugh?
I'd write more, but the commercial's over now and we have to get back to watching "Twister". A true lowbrow classic.
Posted by: Tom McMahon on August 29, 2003 5:51 PMNew Developments. Here is the latest:
http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt
Posted by: pc93 on September 25, 2003 11:53 PMPlease sign and if you have others who would care to sign please forward to
them.
What we are asking for here is a geometrical progression.
Send to 10 or more caring people in your circle of friends who will
do the same and so on.
http://www.petitiononline.com/Felos518/petition.html
Carefully read the Florida Bar petition online before signing, requesting
the Florida Bar bring described formal action involving attorneys George
Felos and Deborah Bushnell, for reasons described in the petition.
FLORIDIANS AND NON-FLORIDIANS accepted. This is going straight to the
Florida Bar. Count is around 131 at this time. Please send this to as many
caring individuals as you can with the message to others to take the same
actions.
Refs:
http://www.sptimes.com/2004/03/30/Tampabay/Doctors_examine_Schia.shtml
You can view the police report, concluded May 14, 2004 here:
http://zimp.org/pr/. By clicking the thumbnails, you can view a full-size
scan of each page. Additionally, you can download the entire package for
offline viewing (requires Winzip) here: http://zimp.org/pr/pr.zip.
The above report not only indicates that absolutely nothing suspicious was
found as the result of this exhaustive investigation, but also that the
'marks' and 'needle cap' (which turned out to part of an irrigation kit)
were found PRIOR to Terri's parents visiting that day.
Additionally, I encourage you to read the press release issued by Mr. Felos
the night of the alleged incident here:
http://zimp.org/documents/felospr032904.pdf in which he states that a
forensic team was investigating the matter. In speaking personally with the
Clearwater Police Department, I have learned that they don't even have a
forensic team.
Be creative, do take action.
"Petition for State protective custody for Terri" (please get the petition
information out to as many peoples as possible)
http://www.PetitionOnline.com/chisana7/
"Saving Terri Schiavo"
http://www.PetitionOnline.com/19461949/
Laws being broken:
http://zimp.org/
Connect the Dots ... for Terri
http://www.freerepublic.com/focus/f-news/1130771/posts?page=11#11
http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm
http://www.prweb.com/releases/2004/9/prweb154415.htm
FL AHCA Cover-Up Forces Schoch to Issue Public Writ of Mandamus
A cover-up by the Florida AHCA (under Jeb Bush) in regards to the treatment and care of Theresa Schindler Schiavo, etc. forces Juan Schoch to issue a Public Writ of Mandamaus to various City, County, State and Federal officials.
Tallahassee, FL (PRWEB) September 2, 2004 -- The following public writ of mandamus was sent via Express Mail and certified letters to all parties in the letter on 8-28-04. It was also passed out to the media in Tallahassee the day before and on the day of the oral arguments before the Florida Supreme Court regarding the constitutionality of HB 35-E/S 12-E (Public Law 03-418). This is my Public Writ of Mandamus. Each letter came with a mini cd of the AHCA documentation and other information which proves there is a cover-up. (Note: If you would like to represent or know someone who would like to represent this case please call Juan Schoch at 407-925-4141):
August 28, 2004
James D. Boyd
Inspector General of AHCA
2727 Mahan Drive
Tallahassee, FL 32308-5403
Re: All information, CCR#s, and yet to be assigned CCR#s contained
and referred to in CIG#200406030002 and AHCA Tracking #05-003, etc.,
other cases yet to be generated and your duties to set Theresa
Schindler Schiavo on the road to her recovery (much can be found in
the enclosed mini compact disc)
Dear Mr. Boyd:
Thank you for your letter of August 13, 2004 regarding my August 9,
2004 e-mail requesting public records and copies of various agency
documents. In your response you write "…the issues raised in your
June 3 letter and July 20 e-mail did not show evidence of possible
violations of statutes, policy or procedure that could constitute
misconduct or wrongdoing on the part of agency staff…" to which I
make the following statement and request:
I demand as a United States citizen and a Florida resident
sufficient corrective actions, remedies, redress, relief, etc. to
what I perceive and know to be illegal actions of AHCA, facilities,
etc. I hereby request AHCA and any other government agency or
entity, local, county, state or federal invested with investigative,
enforcement and prosecutorial powers who may be reading this, or
others of whom it is within their purview of being able to contact
said powers, etc. to do their jobs of investigating, enforcing or
assisting in getting the laws enforced in regards to valid
allegations of acts of felony neglect and attempted murder, etc.
perpetrated against the person of Theresa Schindler Schiavo.
While it is my duty (when it has come to my knowledge) as a resident
of the State of Florida and a United States Citizen to report
abuses, neglect or exploitations against vulnerable people who can't
speak for themselves it is NOT my job to site book and page. One
would think that the competency level of all persons in agencies
serving the public who by statute are to receive, properly review
and survey complaints for violations of statutes, criminal
violations, disregard for policies and procedures that are in fact
evidence of misconduct or wrongdoing on the part of agency staff and
facilities, persons, etc. would be much higher then heretofore
displayed.
I have provided, while perhaps to some seemingly disconnected or
incongruent, sufficient, overall and comprehensive evidence to
illuminate within the average persons mind and their reasonable
ability to piece together and comprehend pertinent data, more than
enough evidences of illegal conduct, which point to statute
violations on the part of agency staff and facilities, etc. and it
has become painfully clear that people in your and other agencies
are spending more time sending not just me, but most complainants,
relating to the matters presented, far afield from the matter at
hand, of which there is or are:
* Non-delivery of all 15 retained rights of this incapacitated
person pursuant to Florida Statute 744.3215(1)(a-o) both
individually and collectively as a whole
* State licensed facilities bowing to the abuse of power by the
guardian, his attorneys, local law enforcement, the state attorneys
office, and other public officials to facilitate and further the
denial and withholding of this citizens statutory and constitutional
retained rights
* Illegal acts and or omissions by many supervisory level personnel
in many agencies and facilities, in non-fulfillment of their duty by
those personnel pursuant to Florida Statute 415.1034 mandatory
reporting to invoke and call upon protections under the
whistleblowers act when their employment is threatened. Such and
other failures are enabling, promoting and facilitating what appears
to be an overall agenda of their various supervisors (and others)
who indirectly and/or directly are working collectively (knowingly
or unknowingly) pursuant to a directed agenda by the recently
exposed many in positions of public trust
In light of the fact that AHCA Complaint Administration Unit intake
operator Justina told me that they "didn't want to hear about what
particular statute violations were occurring as it is the AHCA's job
to know these things," and as I have stated above it is not my job
to point out the specific violations of statutes, policy, or
procedure that could constitute misconduct or wrongdoing on the part
of agency staff, facilities, etc. (your words in bold), it should be
obvious to you that while I am perfectly capable of seeing and
reporting specific violations I was being told not to do this by the
Complaint Administration Unit intake personnel. Now I am being told
by you to the contrary that I must do your jobs. This in and of
itself is evidence of an agency and a system that continues to
notoriously exhibit incompetence in this matter, and only proves a
limited ability to send the very people who you serve, on endless
tail-chases and endless non-productive rabbit trails.
While all of this energy is expended, the primary matter at hand,
the FS825.102 and FS825.103 abuse, neglect and exploitation of
Theresa Marie Schiavo continues at the liable hands of all agencies,
various personnel and public officials, etc. to the detriment of not
only her but all vulnerable adults, elderly and disabled persons
throughout the State of Florida by the acts and omissions of every
one of these negligent persons who are entrusted with the Public's
Trust.
BE IT KNOWN, that everyone is officially on notice, that to continue
to obey these illegal and subversive directives, of persons who wish
to continue to further the obvious and blatant efforts to
intentionally cause the death of this very conscious, self-aware,
cognitive, disabled and vulnerable adult (who has been actively
prevented from getting better) as defined by Florida Statute 415,
744, 825, 400, 782, the ADA Act, and CFR42 rises to the level of
felony crimes and is unlawful, collectively, pursuant to Florida
Statute 876.22 through FS876.31 known as the Subversive Activities
Act, in that the collective efforts, whether knowingly or
unknowingly, of all the involved including medical professionals,
public servants, facilities, guardians, caregivers, and others, is
ultimately resulting in the destruction of all that we as free
citizens enjoy as our constitutional protections, which are there to
guarantee our inalienable right to life, liberty to that life, and
the pursuit of happiness through our FS744.3215 retained right to be
restored to capacity at the earliest possible time, which has no
time limit.
An Inalienable Right is particularly defined as: That which cannot
be given or taken away. Thusly, a person cannot Give their Life away
nor can it be Taken away. Both are crimes, and protections of life
are networked rather thoroughly throughout our Laws and our
Constitution.
Consider this my public Writ of Mandamus to all (with various media
as my witness) who will be receiving this letter, to cease and
desist your acts or omissions which are felony crime statute
violations, which may lead ultimately to this woman's death by your
incompetency, complacency, malfeasance, misfeasance, obedience to
personal or collective agendas, disobedience of mandatory reporting
of abuse, neglect and exploitations. This will require your
proactive efforts in conjunction with other agencies and persons, to
go against those who draw you in and only use you as pawns in a
bigger agenda, by this case, to create a constitutional Right To
Make You Dead. Investigate and prosecute the guilty parties. It is
your obligation to set Theresa on the road to her recovery.
Do your jobs or suffer the consequences in the long run for your
participation in blatant, in your face, felony crimes.
Sincerely,
Juan Schoch / Lake Mary, FL
P.S. I was never issued new CCR#'s per my written complaints (June
3, 2004) and yet you have done nothing but obfuscate that fact. I
find this more than just a little reprehensible and believe it shows
the complete and total incompetence, if not outright obstruction of
justice, by you, your staff, the AHCA Complaint Administration Unit
and others in your agency. It would be smart to stop digging
yourself a hole and get back on the right track.
cc: Jeb Bush, Governor
c/o Christa Calamas, Governor's General Counsel,
Charlie Crist, Attorney General,
Lee Constantine, Senator, District 22,
Derry Harper, Chief Inspector General, Executive Office of Governor,
Dawn Case, Director of Investigations, Executive Office of Governor,
Guy M. Tunnell, Commissioner, Florida Department of Law Enforcement,
Lance Newman, Director, Tampa District Office, Florida Department of
Law Enforcement,
Cynthia Schuler, District Administrator of District 14, Department
of Children and Families,
Bernie McCabe, Pinellas Pasco State Attorney,
Dorene Thomas, Chief of Police, Pinellas Park Police Department,
Sid Klein, Chief of Police, Clearwater Police Department,
Everett Rice, Pinellas County Sheriff,
Carl Whitehead, Special Agent in Charge, FBI Tampa Division,
John L. Wodatch, Chief, Civil Rights Division, Disability Rights
Section, U.S. Department of Justice,
Representatives of House Committees Elder Affairs and Long Term
Care, Family Health, Health Care and Health Services: Rep. Hugh
Gibson / Rep. Dorothy Mindingall / Rep. Tom Anderson / Rep. Joyce
Cusack / Rep. Carole Green / Rep. Richard Machek / Rep. Sheri
McInvale / Rep. John Quinones / Rep. Dave Russell / Rep. Heather
Florentino / Rep. Sandy Adams / Rep. Aaron Bean / Rep. Faye Culp /
Rep. Nancy Detert / Rep. Matt Meadows / Rep. Sandra Murman / Rep.
Nan Rich / Rep. Frank Farkas / Rep. Ed Homan / Rep. Holly Benson /
Rep. Gus Bilirakis / Rep. Marty Bowen / Rep. Susan Bucher / Rep.
Larry Cretul / Rep. Rene Garcia / Rep. Gayle Harrell / Rep. Arthenia
Joyner / Rep. Stan Mayfield / Rep. Dave Murzin / Rep. Joe Negron /
Rep. Ralph Poppell / Rep. Manuel Prieguez / Rep. Julio Robaina /
Rep. Yolly Roberson / Rep. Ray Sansom / Rep. Eleanor Sobel / Rep.
Shelley Vana / Rep. Roger Wishner / Rep. Juan Zapata
Kate O'Beirne, Washington Editor, National Review / David Sommer,
Reporter, Tampa Tribune / Brendan Farrington, Correspondent,
Associated Press / Jim Witters, City Editor, Bradenton Herald / Mike
Vasilinda, Bureau Chief, Capitol News Service / John Lucas, Bureau
Chief, Florida News Network / Marshall Griffin, News Director,
Florida Public Radio / John Baker, Bureau Chief, Florida's Radio
Networks / Rick Flagg, Bureau Chief, Florida Radio News / Jim
Saunders, Bureau Chief, The Florida Times-Union / Paige St. John,
Bureau Chief, Gannett News Service / Marc Caputo, Reporter, The
Miami Herald / Lloyd Dunkelberger, Bureau Chief, New York Times
Florida Newspapers / John Kennedy, Bureau Chief, Orlando Sentinel /
Shirish Date, Bureau Chief, The Palm Beach Post / Lucy Morgan,
Bureau Chief, St. Petersburg Times / Linda Kleindienst, Bureau
Chief, Sun-Sentinel, South Florida / Nancy Cook Lauer, Bureau Chief,
Tallahassee Democrat / David Wasson, Bureau Chief, Tampa Tribune /
Georgia Davis, News Director, WFSU-TV/The Florida Channel / Jim
Lehrer, NewsHour w/, PBS / Diane Sawyer, ABC News / Dan Rather, CBS
News / Larry King, CNN/Atlanta / David Shaw, Media Critic, Los
Angeles Times / Richard S. Newcombe, Creators Syndicate / Reed
Irvine, Chairman, Emeritus, Accuracy in Media
# # #
Posted by: Juan Schoch on September 12, 2004 11:55 AM