A 26 year
old woman
collapses and
is left brain damaged
while alone with her
husband, who three
years later is
engaged to his "future
wife", and live in
girlfriend; whose
mother works in the
Pinellas county
Sheriff's office. A
situation where
the
disabled wife
is released from the
hospital showing
improvement mentally
and physically, at
the same time her
husband, and
his
attorney/employer,
were seeking through
legal channels, for
the husband to be
appointed
plenary-guardian of
the wife's 'person'
and 'property'.
A case where
the wife is showing
'improvement
mentally and
physically'
and
the husband has
experimental brain
surgery performed on
her; and reported:
"The
brain stimulator
implant was a
success, said her
husband, Mike. Mrs. Schiavo is slowly
emerging from the
coma at the Mediplex
Medical Center, a
neurological care
center in Bradenton,
he said. She will
undergo at least a
year of speech,
occupational and
physical therapy."
[ St.
Petersburg Times,
Feb 17,1991. pg.3]
The
following year the
husband
sues two doctors.
One case is settled
out of Court. The
other goes to jury.
The malpractice
suit brings in
$2 million for
the wife. The
husband gets his own
money from the
suit.[ November
1992] The husband
and his in-laws
worked together
before and during
the mal-practice,
until husband's
attorney got control
of the money from
the suit [January
1993]; after which
[February 14, 1993],
the husband refused
to use the money to
help his wife, or
his in-laws who had
helped him win the
suit by testifying
in his favor.
A case where the
husband makes the
first attempt to end
the wife's life
[July 1993] a few
months after he gets
possession of
the malpractice
money and has
already met his
'future wife and
live in girlfriend.
*He ordered that
the
wife not be
treated for a urinany
tract infection.
[Which would have
meant sure death.
]
In
December 1993,
the husband
and
his future wife
begin paper work on
a house they buy
together.
He
uses money from
malpractice suit to
pay his share of the
cost.
In the
beginning of 1995,
the husband
meets
with
a right to die
attorney.
In July
1997,
the husband, still
married to the
disabled wife,
announces engagement
to
his live lay eyes on
herin girlfriend.
In May
1998,
the husband filed
a
Petition to stop feeding
the wife.
On
April 24, 2001,
the wife's feeding tube
is clamped-off, and
feeding her is
stopped.
On
October 15, 2003,
the wife's
feeding tube is
removed for the
first time.
In November,
2004, four days
before joining
Florida's House of
Representatives ,
Sheriff
Everett Rice hired
the husband to
work in the Inmates
Medical Care
Division of the
Pinellas County
Jail. [Rice was
elected
Pinellas County
Sheriff in
1988 and was in
office when the
husband made
the 911 call in
February 1990.]
On
March 18, 2005,
the wife's
feeding tube is
removed a second
time, she is denied
food and/or water
for 13 days. She
dies March 31, 2005,
and less than a year
later the husband
marries the live-
in- girlfriend.
A case in which
not one of the
judges involved in
the wife's 15 year
old case ever lay
eyes on her or ever
had her in their
court rooms.
A case
where the judge in
the wife's 1990 guardianship
case is still
controlling the case
fifteen years
later.
"Terri's Law" was
enacted in October
2003, when a
disabled and
brain-damaged woman
was being starved to
death by judicial
order in Florida.
Terri Schiavo had
collapsed in her
apartment from lack
of oxygen in 1990 at
age 26.
Terri had
never executed a
written living will.
There were questions
regarding whether
the judges in this
case had actually
followed Florida
law. There were
differing statements
given in court about
her end-of-life
wishes. There was
conflicting medical
testimony as to
whether
rehabilitation could
help Terri. This was
the climate in which
Terri's Law was
enacted by the
Legislature and
signed by the
governor.
Florida citizens
were justifiably
concerned that an
innocent, disabled
Florida woman was
being put to death
by court order under
extremely
questionable and
horrific
circumstances. If
the proceedings that
led up to the
execution of
serial-killer Ted
Bundy had been
handled in the same
way, Bundy's
conviction would
have been
overturned.
Capital felons
on trial for their
lives in Florida are
entitled to
independent counsel,
competent
representation,
trial by jury and
automatic review of
their death-penalty
case by the Florida
Supreme Court. Yet
Terri, utterly
innocent of any
wrongdoing, received
none of these
protections.
Additionally,
had Bundy been
ordered to die
slowly by starvation
and dehydration (as
Terri likely will),
his penalty would
assuredly have been
reversed by the
courts as "cruel and
unusual" punishment.
The governor has the
ability, in a
criminal death
sentence, to grant
clemency. The
Legislature only
sought to extend the
same protection to
Terri Schiavo.
The
legislative and
executive branches
have equally
important roles to
play in protecting
the handicapped. The
state's duty is to
preserve life, not
arbitrarily end it.
" -Daniel Webster
Florida State Sen.
Daniel Webster,
R-Winter Garden, was
sponsor of the
"Terri's Law"
legislation.
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