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April 21, 2005

University of Miami releases Schindler-Schiavo court papers

Topics: Legal affairs

DJ Drummond at Polipundit (and Stolen Thunder) has posted a summary of some legal papers released by the University of Miami:

Anyone looking for proof to support either the validity or criminality of anyone in the case will be disappointed, as these documents do not provide anything a court would accept as proof. However, the 45 pages in the report do illuminate the debate, and present interesting points of reference, and some confirmation of essential facts in the background of the case. The context presented by these facts is chilling.

The essentials from the report are at Polipundit, and at Stolen Thunder (where there are further details).

A short excerpt:

SUPPORTED CLAIMS

1. The Schindlers claimed that Michael Schiavo was not paying for Terri's care. The hospice did not directly address the question of whether Terri's bills were being paid (claiming the financial matters were being handled by courts), but on several occasions confirmed that Michael Schiavo was not responsible for payments to the hospice.

2. The Schindlers claim that Terri lost teeth on at least two occasions, due to neglect. The hospice denied any neglect, but admitted several teeth were "darkened", and admitted the tooth loss on two occasions.

3. The Schindlers claimed Terri had an untreated yeast infection, and that Terri had not had a GYN exam while at the hospice. The hospice did not respond to the yeast infection allegation, but admitted that Terri Schiavo never had a GYN exam while at the hospice.
4. The Schindlers claimed Michael Schiavo controlled access to Terri, and restricted or prohibited family visits. The hospice admitted this was correct.

READ THE WHOLE THING.

Full PDF documents here:

http://www.miami.edu/ethics2/schiavo/DCF%20Abuse%20Investigations%20part%201.pdf

http://www.miami.edu/ethics2/schiavo/DCF%20Abuse%20Investigations%20part%202.pdf

http://www.miami.edu/ethics2/schiavo/DCF%20Abuse%20Investigations%20part%203.pdf



[Cross-posted at My VRWC]

Posted by beth at April 21, 2005 6:48 PM


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Comments

Educate me here please. Where - on any of these reports does it list who the complaintant was? I thought this information was sealed.

So these internet sites are ASSUMING who made the claim - based on the nature of the report?

Posted by: Blogging Beth at April 21, 2005 7:53 PM

Blogging Beth,

I don't think there is any assumption whatsoever. PDF photo copies of the report are posted for all to see. The report was from the DCF and requested by several news organizations. The name of a person making a request of the DCF to investigate Terri's situation is right there in black and white.

Posted by: Tom Spence at April 21, 2005 8:39 PM

Thanks Tom - I'll look again. My eyes are tired from a long day of work!

Posted by: Blogging Beth at April 21, 2005 8:49 PM

I've looked a little more closely at the documents. The docs released are from a 2003 complaint. I beileve that there was another launched very recently and is still under investigation.

Here is an interesting piece. The Allegation Narrative cited in the report is:

"Mrs Schiavo is a vulnerable adult due to other physical limitations linked to her current vegetative state. There is concern that Mrs. Schiavo is being EXPLOITED BY HER PARENTS. [my emphasis] They are selling videos of Mrs. Schiavo for $100 to raise money for attorneys. 24 hours"

The report is based on investigating the Schindlers not the perps. This report isn't the one it is assumed to be.

More shenanegans or just the old overwhelm-them-with-paperwork ploy?

Posted by: Tom Spence at April 21, 2005 9:24 PM

I just read the reports. I don't understand why they are being described as 'disappointing'. I see enough evidence here to charge both Michael Schiavo and the hospice with criminal negligence.

Posted by: Anna_Nordin at April 21, 2005 11:59 PM

These allegations concerning the denial of antibiotics are not the same as the ones that were implied by nursing staff at Sable Palms. This is a complaint by medical staff at Morton Plant Hospital making the complaint.

These complaints were never investigated properly and I cannot see how George Greer or any member of DCF can pretend that these allegations were investigated and found to be groundless. Have a really good look at the third file. This was a new allegation !!!

This proves that Michael Schiavo lied in court when he stated that he would not attempt to refuse to allow Terri to have antibiotics again. He lied and this document proves that he committed perjury in the original trial and in deposition when he said that he would never try it again.

Posted by: Maggie4life at April 22, 2005 1:20 AM

After reading the last set of documents, I am of the opinion that the closure of the investigation, without ever fully checking out the state of Theresa at the time of the complaint is a travesty.

I suspect that Greer has allowed the release of these documents in an attempt to prove the Schindlers as liars. The documents that I have seen were completed by the same two people. It seems that they went along with the party line that Theresa was in a vegetative state and there was no hope of recovery or rehabilitation, which is of course the Schiavo/Felos line, and it is a big fat lie.

This complaint has nothing to do with the affidavit of Carla Sauer Iyer. The complaint was from a doctor or other nursing staff at Morton Plant hospital, who was concerned because Michael Schiavo had Theresa dismissed from the hospital so that she would not be given the proper treatment.

This complaint refers to an incident in 2003, and Carla was referring to an incident in 1996-98. Michael Schiavo faced questioning in deposition about denying antibiotics and in that deposition he said that he would not attempt to do it again because there was a law against doing that, yet in 2003 his wife ended up at Morton Plant hospital with a UTI, pneumonia and blood sepsis. The person who placed the complaint made it clear that there was a degree of concern about what was happening, and that Terri was being abused.

I am at a loss, to explain why, if there had been a proper investigation in the first place, that the DCF had not stepped in sooner because it already admitted that she was a vulnerable adult.

These documents prove that there was a cover up at the DCF level as far back as 2003 and probably before that date as well. There are some very lame comments in the documents, such as this is a case under litigation etc. etc. That should not have been a consideration. It was the investigator's job to go in and check out her condition, and to investigate whether or not in 2003 there had been yet another attempt to deny antibiotics to Theresa. The man who conducted this investigation should be dismissed from the DCF and the person who reviewed the case should also be dismissed for incompetency.

Posted by: Maggie4life at April 22, 2005 1:41 AM

Maggie, you are so right on!

These complaints were different ones...at a different care facility! And they weren't investigated!

Did you see the post from Tuesday April 19th over at Sherri's Blogsite regarding Greer's release of the 'investigation reports'? I'll post it just below....how does it fit in? Is it saying that we don't have the most recent investigation reports?

Maggie, would you help us on the taskforces that we are developing, to help us investigate/expose the things that were not looked into correctly or were omitted or overlooked, by Greer et.al. in the whole situation with Terri? You really hit the nail on the head here.

Here is the post from over at Sherri's site, reposted here:


Pat Anderson Speaks Out About "No Abuse Found" of Terri Schindler [Schiavo]
I recieved this via email from Ron Panzer Pres/Founder of Hospice Patients Alliance

[former] Schindler Attorney Pat Anderson explains the coverup re DCF
report:

you may have read that:

"Florida state investigators found no evidence that Terri Schiavo had been
abused or exploited by either side of her family, according to documents
released by the Department of Children and Families."

Pat Anderson explains how deceptive that all is:

"Everyone should be aware that Judge Greer ordered the release, only, of
the old abuse reports....not the records of the current DCF investigation.
All of us involved in the Schiavo case knew that DCF was not doing any
"investigating" last year, even though five of Terri's teeth were pulled
last April, allegedly due to deterioration. However, this year, for
whatever reason, the DCF received more reports and decided to investigate
for real this time. But when they went before Judge Greer, saying their
investigation showed evidence of abuse and neglect and asking for an
emergency tube re-insertion order from him, not only did he refuse their
request, he enjoined them from further access to her!"

"Do not be deceived by this little PR ploy. It's the current reports I
want to see." - Pat Anderson

posted by Straight Up with Sherri at

Posted by: juleni at April 22, 2005 11:38 AM

Juleni, I am waiting to hear more about these task forces and investigations.

The best I can do is to look at what is written in the evidence.

Going back to the set of documents that I cited (check out the third link for these documents), the investigators went further in their comments proving that they did not even go near Terri to discover the truth for themselves.

The complaint from Morton Plant Hospital stated that she was awake. The investigator wrote down that Terri was in a coma. God figure!!!!

Posted by: Maggie4life at April 22, 2005 4:27 PM

Maggie - I sent out an email about it, but it is not actually a formed taskforce. It is just the idea of one, right now. We need a 'taskforce' or I would say just a group of people who would be willing to send in all that they find out regarding - well, exactly what you said - looking at the evidence and commenting. Really, just what you are already doing.

But with tasks assigned to others to do other things (part of the whole series of "to do" items or chores that will get more action going for lives to be saved). If you'd like to just keep on commenting regarding the evidence that comes out, or if you came across some evidence or exposure of the things that went wrong with Terri, would you be willing to email your insights or things you would find to a certain location once we have one set up? I guess that is all that is meant by 'taskforce' so far. Tim is working on setting up another site just for action & work, while discussion will continue here. The other site won't be for discussion so much as just be action oriented.

That information for instance, that Morton Plant Hosp. was stating Terri was awake while the investigator was writing that she was in a coma, with the dates/times & reference (from the report or document) is the very sort of thing that would be important for us to post. It is good detective work on your part!

Posted by: juleni at April 23, 2005 6:05 PM

Yes, Maggie and Juleni,

We will have to talk to one another of course, but we will be talking about what we found, what we've done and what we are going to do. Breaking things down and each taking a piece to work on instead of running around doing a little here, a little there and never getting any thing done. Our goal is goal oriented, Ha!

Posted by: mary et. al. at April 23, 2005 8:54 PM

Juleni, I did receive an email and I am waiting to hear what happens next. I am more than willing to take a look at the documents and see if I can find the inconsistencies in what has been stated.

At this point in time what I would like to see is the actual records relating to Terri's admission to Humana Northside. I have seen the discharge report, but what I want to see is the description of her condition on admittance and within 24 hours after the incident. I would also like to see if any opinion was expressed in the first instance pointing to the possibility of attempted strangulation.

Posted by: Maggie4life at April 25, 2005 2:46 AM

Understood, Maggie. If I become aware of a site wher they have posted the admission papers to Humana Northside, I will let you know.

Tim is working on the forum and website right now, and he will let us know when it is available to start going on. It may be just a few days, now.

Posted by: juleni at April 25, 2005 10:41 AM

I just had a long post concerning the bone scan and I lost it all. I am going to write my comments up on one of my own blogs. I think that I have found another fundamental flaw in the Felos camp's attempts to obsfucate the available evidence that pointed to foul play.

Posted by: Maggie4life at April 29, 2005 5:44 AM

Just to update you on some of my research into the subject of the bone scan. Last year I had a bone scan, and my previous scan was in 1987/88 so I am aware of the procedures as well as what the doctors look for on a bone scan report. I am not a medical person and can only go by "feeling" and experience.

However, despite my lack of medical knowledge I have been able to put a few things together regarding the evidence given by Dr. Walker about Theresa's bone scan. What I have discovered is that a report was made to DCF in 2003 regarding the bone scan and the more than likely domestic abuse that Theresa had suffered. This complaint was allegedly investigated and two doctors (probably "Dr" Felos and "Dr" Schiavo) were supposed to have reviewed the report and the scan and to have come up with the conclusion that the fractures were caused by hypertropic (sp) ossification. This is the precise diagnosis that Dr. Walker negated in his evidence when the scan was mentioned for the first time in trial. This alleged reason is not at all satisfactory considering the timing of the scan and its approximation to the original incident. "Dr." Felos has been attempting to put it into the minds of people that the fractures were caused by osteoporosis that had been the alleged result of the alleged bulimia. My lay person's view of this claim is that the facts do not add up to osteoporosis or even osteopenia at such an early stage of being bed-ridden.

One of the main arguments that I have been having with the MS and Ghoul Felos fan club has been the lack of evidence that there had been a strangulation. This is compounded by the police report that is allegedly a true record of what took place.

I have just been visiting the following site:

http://www.emedicine.com/EMERG/topic153.htm

where I discovered the following information:

The female patient

Gynecologic complaints include frequent vaginal or urinary tract infections, dyspareunia, and pelvic pain

Lethality Checklist: The more items checked, the greater the danger. The perpetrator may exhibit the following behaviors and emotions:

Objectifies partner (eg, calls the partner names, body parts, animals)
Blames the victim for injuries

Is unwilling to release the victim

Is obsessed with victim

Is hostile, angry, or furious

Appears distraught

Is extremely jealous, blaming the victim for all types of promiscuous behavior

Has been involved in previous incidents of significant violence

Has killed pets

Has made threats

Has made previous suicide attempts

Is threatening suicide

Has access to the victim

Has access to guns

Uses alcohol

Uses amphetamines, cocaine, or other drugs

Has thoughts or desires of hurting partner

Has no desire to stop violence or control behavior

Has an extremely tense and volatile relationship with the victim
Strangulation: Thirty-three pounds of pressure per square inch is required to completely close the trachea, whereas the carotid arteries may be occluded with a third of that pressure. Either results in strangulation, which accounts for 10% of all violent deaths in the US annually. Hanging, ligature, or manual are the 3 forms of strangulation. The latter 2 may be associated with domestic violence.

Ligature strangulation (garroting) is strangulation with a cordlike object such as a telephone cord or clothing items. Manual strangulation (throttling) is usually done with the hands; manual strangulation also may be accomplished with the forearms or by standing or kneeling on the patient's throat.

Strack and McLane studied 100 women who reported being choked by their partners with bare hands, arms, or objects (eg, electrical cords, belts, ropes, bras, bathing suits). Police officers reported no visible injuries in 62% of women, minor visible injury in 22%, and significant injury including red marks, bruises, or rope burns in the remaining 16%. Up to 50% of victims had symptomatic voice changes ranging from dysphonia to aphonia.

Did you notice the statistic? Police officers reported no visbile injury in 62% of women who complained of being strangled. Do you know what that means in regard to Terri and MS? It means that the likelihood that on the morning of Terri's collapse she was strangled has just gone to extremely high. It does not matter that the police report did not indicate signs of violence on her person, because that does not mean that attempted strangulation is automatically ruled out as the cause of the collapse. THINK ABOUT IT...

Posted by: Maggie4life at May 2, 2005 6:36 AM