Investigate Michael Schiavo with a Special Prosecutor Petition
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The undersigned are petitioning Florida Governor Jeb Bush to immediately appoint a special prosecutor to investigate the following allegations of criminal wrongdoing of facility employees and the corporation operating the facility that is giving care to Terri Schiavo for violation of Florida law relating to care of, "abuse" of, and "neglect" of, a "vulnerable adult" Terri Schiavo within the State of Florida and in violation of the laws of the State of Florida.
First it is important to understand that after Terri Schiavos collapse her husband Michael Schiavo filed lawsuits for her alleging malpractice in order to obtain money for her rehabilitation and care. After obtaining money for her rehabilitation and care he then indicated a scheme to starve her to death. His actions clearly exploit her and violate both his position of trust and fiduciary duty as defined in Florida Statutes Chapter 415. It is unknown how much Michael Schiavo would profit from her death. It is known that his actions, schemes and court filings exploits Terri Schiavo in that it is a gross misuse of her rehabilitation funds. Michael Schiavo has violated his fiduciary and legal duty to see that her assets are spent for her rehabilitation and care not her starvation.
Michaels testimony in the malpractice trial may be reviewed at: http://www.terrisfight.org/change.html
Also a taped interview with Michael Schiavos first girlfriend, Cindy Shook, after Terri Schiavos collapse gives understanding to the cruel, selfish, and illegal motives of Michael Schiavos abuse, neglect and exploitation of Terri Schiavo. This taped interview may be reviewed at: http://terrisfight.org/downloads/Cindy\%20Shook\%20042401.rm
Second it is clear that Terri Schiavo is NOT in a vegetative state according to both legal and social definitions. Her condition is one of a severely disabled adult... NOT a vegetative state. Her disability has rendered her unable to move her arms or legs, unable to talk, and unable to care for herself. She is able to think and is cognizant of her surroundings as demonstrated by her ability to respond to visitors and follow objects in her room with her eyes and respond with grunts in an attempt to communicate. This condition is similar to many disabled adults who have improved when given rehabilitation care. This condition is also similar to a new born infant... unable to care for itself. Florida law does not allow the euthanization of disabled adults or infants.
Rather than repeated attempts at euthanization Michael Schiavo has a legal duty to obtain rehabilitation care for Terry Schiavo which he has failed to do. A video showing that Terri Schiavo is cognizant of her surroundings, attempts to communicate through grunting, and able to move her eyes and neck may be viewed at:
http://www.annointed.net/video/terrischiavo/terrischiavo.ram
Florida Statutes Chapter 415 , section 415.102 (26) defines a "vulnerable adult" as follows:
A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, long-term physical, or developmental disability or dysfunctioning, or brain damage, or the infirmities of aging. Terri Schiavo is a venerable adult under Florida Statutes Chapter 415, section 415.102 (26)
Florida Statutes Chapter 415 , section 415.102 (4) defines a "caregiver" as follows:
A person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person's guardian that a caregiver role exists. "caregiver" includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities as defined in subsection (8). Michael Schiavo, the facility giving care to Terri Schiavo, and the facility employees are all caregivers according to Florida Statutes Chapter 415, section 415.102 (4) .
Florida Statutes Chapter 415 , section 415.102 (8) defines a "facility" as follows:
Any location providing day or residential care or treatment for vulnerable adults. The term "facility" may include, but is not limited to, any hospital, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, or mental health treatment center.
Florida Statutes Chapter 415 , section 415.102 (1) defines "abuse" as follows:
Any willful act or threatened act by a caregiver that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions.
Florida Statutes Chapter 415 , section 415.102 (15) defines "neglect" as follows:
The failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of a vulnerable adult. The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. "neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.
Florida Statutes Chapter 415 , Section 415.102 (7)(b)(4) defines "exploitation" as follows: "exploitation" may include, but is not limited to: intentional or negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance.
Florida Statutes Chapter 415 , section 415.102 (17) defines "position of trust and confidence" and fiduciary relationship as follows:
(17) "position of trust and confidence" with respect to a vulnerable adult means the position of a person who:
(a) is a parent, spouse, adult child, or other relative by blood or marriage;
(b) is a joint tenant or tenant in common;
(c) has a legal or fiduciary relationship, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(d) is a caregiver or any other person who has been entrusted with or has assumed responsibility for the use or management of the vulnerable adult's funds, assets, or property.
On March 18, 2005 one Michael Schiavo, conspired with other defendants and employees of Terri Schiavos care facility to remove a feeding tube from a disabled "vulnerable adult" Terri Schiavo. This removal constitutes neglect in that the purpose of the feeding tube is to supply the "vulnerable adult" with food. The statute clearly states that omission on the part of the caregiver to provide food, essential for the well-being of a vulnerable adult is neglect and a violation of law. The statutory intent and protection was specifically designed to protect disabled persons whom suffered incapacitation from brain injuries in that the language in the statute states; brain damage. Michael Schiavo claims Terri Schiavo suffers from brain damage so severe that she is in a vegetative state. It is clear that Michael Schiavo understands that Terri Schiavo suffers a disability due to brain damage and must be given food by a caregiver. Michael as caregiver has made no other provisions to provide food for Terri Schiavo by other means but has announced publicly that he intends to exterminate her by withholding food until she is dead. This is neglect in is most blatant form.
On March 18, 2005 one Michael Schiavo, conspired with other defendants and employees of Terri Schiavos care facility to remove a feeding tube from a "vulnerable adult" namely Terri Schiavo. This removal constitutes abuse in that the purpose of the feeding tube is to supply the "vulnerable adult" with food. This is a willful act by a caregiver that causes or is likely to cause significant impairment to a vulnerable adult's physical health. Michael has announced publicly that he intends to exterminate her by withholding both food and water until she is dead. This is abuse in is most overt form.
Michael Schiavo has used funds paid to the care facility to order the removal of Terri Schiavo feeding tube. This action constitutes "exploitation" in that it is intentional failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance as required by law.
Michael Schiavo has used funds to order the removal of Terri Schiavo feeding tube. This action constitutes a violation of a "position of trust and confidence" and fiduciary relationship in that it is intentional failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance.
A special prosecutor is necessary for the following reasons:
Failure of local prosecutors to take action to protect Terri Schiavo from ongoing abuse, neglect, and torment.
Judge George W. Greer has not ruled according to law concerning matters before him concerning Michael Schiavo to the extent that it has so outraged citizens of Florida that citizens have petitioned the Florida House of Representatives to impeach Judge George W. Greer pursuant to the provisions in the Florida Constitution. The petition is available for public viewing at: http://www.petitiononline.com/ijg520/petition.html
On February 11, 2000 and on March 18, 2005, Judge Greer committed malpractice in that he authorized the euthanization of Terri Schiavo by authorizing the removal of her feeding tube. Euthanasia is illegal in Florida.
In addition Judge Greer has violated the ADA Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "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."
Judge George W. Greer enjoys significant rapport with, influence over and working relationships with local prosecutors to the extent it would be impossible for local prosecutors to initiate such an investigation and not be partial to Judge George W. Greer or influenced by him.
We urge Florida Governor Jeb Bush to immediately appoint a special prosecutor to investigate the criminal wrongdoing of one Michael Schiavo and all others conspiring with him.
This investigation should include the abuse of, neglect of, exploitation of, and violation of "position of trust and confidence" concerning disabled adult Terri Schiavo in regards to the numerous schemes, ploys, and tactics used by Mr. Schiavo and others attempting to illegally circumvent Florida law prohibiting euthanasia and violate Florida law protecting disabled adults suffering from a brain injury.
This special prosecutors investigation and actions are necessary to protect Terri Schiavo a disabled adult from continued ongoing abuse, neglect, and torture at the hands of Mr. Schiavo and his conspirators. Terri Schiavo is entitled to protection under Florida Law and Federal Law but has failed to receive protection by local prosecutors therefore a special prosecutor is needed to stop the ongoing abuse, neglect, torment, and torture of Terri Schiavo a disabled Floridian.
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