Updated 11 September 2003. --------------------------------------------------------------------- Ruling Delayed on Woman's Feeding Tube Filed September 11, 2003, at 4:02 p.m. ET CLEARWATER, Fla. (AP) -- A judge put off a ruling Thursday on whether to remove a brain-damaged woman's feeding tube after her parents argued that she first should be given the chance to learn to eat. Terri Schiavo, 39, has been at the center of a long legal battle between her parents and her husband. Her parents want her kept alive; her husband says she never wanted to be kept alive artificially. Schiavo has been in what doctors call a persistent vegetative state since collapsing in 1990 from what was believed to be a potassium imbalance. Circuit Judge George W. Greer delayed his decision on removing the life-sustaining feeding tube after receiving affidavits filed by speech therapists hired by Schiavo's parents. The judge planned to rule next week. Court-appointed doctors have testified that Schiavo cannot be rehabilitated. She would live 10 to 14 days after the feeding tube is removed, experts say. --------------------------------------------------------------------- Please communicate with your representatives about this case. Share it with as many people as you can and ask that they in turn do the same. This is happening right now. The Federal Courts (up to this time, Sept. 9) have not stepped up to their duty, responsibility, etc. of stopping the madness even after the Federal and Constitutional laws are being broken. Judge Lazzara took no action on Sept. 2 even after hearing all the facts: Judge Richard Lazzara said that the papers introduced by Terri's parents attorneys were quickly put together and that he doesn't know if he has jurisdiction (he is a Federal Judge and the Federal/Constitutional laws are being broken and he doesn't know if he has jurisdiction! I guess he doesn't know the power of the Federal level nor the sanctity of Terri's right to life and the laws that in my opinion criminal Michael Schiavo and George J. Felos are breaking i.e.: The Constitution and George W. Bush's American Disabilities Act, etc.! http://www.usdoj.gov/crt/ada/adahom1.htm) This is how Lazzara shirked his responsibilities and dismissed what came to light at the Sept. 2 Emergency Hearing. He now wants a reformulation which can be heard in 10 or 12 days. Meanwhile Terri continues to be held hostage by these cruel men with their pending unjustified, un-called for, etc. death warrant. This is what Lazzara wanted them to discuss: The parties shall be prepared to address the jurisdiction of this Court in terms of the doctrine of state action, the doctrine of Rooker-Feldman.1 and whether the various federal statutes relied on by the Plaintiffs apply in light of the allegations of the complaint. ---- 1 See District of Columbia Court of Appeals v. Feldman, 103 S. Ct. 1303 (1983); Rooker v. Fidelity Trust Co., 4 S. Ct. 149 (1923). I am of the opinion that he (Lazzara) had better start caring about helping Terri by getting guardianship back to Terri's parents and by getting Michael Schiavo away from Terri for good (by restraining order or putting him in a jail cell) or he may be guilty of a Federal crime. The state and federal courts in concert with Michael Schiavo and George J. Felos have been playing with Terri's life as if it were a yo-yo. What is readily apparent is that she has the will to live and she deserves the rehabilitation that she was promised and Michael shouldn't be allowed to get away with fraud and intent to murder in this regard. Apparently all the money ($1,200,000 dollars of which was won in a malpractice lawsuit) was never spent on this and instead was used to put Terri in nursing homes and hospices where she was refused any kind of rehabilitation whatsoever. Michael simply refused her any rehabilitation. He committed fraud. His non-party co-conspirator George J. Felos has collected over $550,000 in fees in his quest to kill Terri, the monies of which have come from the funds supposed to be used for Terri's rehabilitation. Felos' mission is to extinguish Terri's life "with dignity". How absurd! The complete fraud, which the State of Florida's Attorney General Charlie Crist has sworn to battle against is now staring us right smack in the face. How can the monies which were won for Terri's rehabilitation (and which were sworn to be spent on her rehabilitation) be spent instead on paying someone to have her killed? Does this not smack of something highly criminal? This is fraud and it is criminal in the most high degree. Michael swore in court and under oath that the monies were to be for her rehabilitation! Her rehabilitation plan was laid out and the jury awarded the $1,200,000. I ask again how can this be spent to extinguish her life without any repercussions to Michael for his fraud? His familiar friend should be a jail cell in my opinion. Apparently the first video clip in the news clip is of Terri now. She is even raising her body forward. Terri is not comatose nor is she in a "permanent vegetative state" (PVS). This is a lie. See for yourself: http://webpages.charter.net/honeygrl/terri_schindler.asf In the news clip (News Channel 10) states this is about getting her medical records. This is far from just getting her medical records. See most of the entirety of the Federal Court documents further below. Adding insult to injury Pinellas-Pasco Judge George Greer hasn't even visited Terri in person. Why does he want to let Michael Schiavo and George Felos get away with murder? To exculpate himself the Honorable Judge George Greer says he is following a mandate from the 2nd District Court of Appeals. The only thing is that this was before the most damning evidence came out in Federal Court Affidavits as to Michael Schiavos complete charade and his true intentions of wanting to see Terri dead. Attorney George J. Felos to top it off wants his next book to be about Terri and how he helped her out of her body. Apparently this "yoga" teacher will stop at nothing in his sick Messianic charade as the "right-to-die" (even if it is forced) "death with dignity" savior of the elderly and disabled. Examples are given in the Federal Court documents from his so-called New Age book Litigation as Spiritual Practice. To Felos it is all a game and as long as he is making tons of money the game must go on! Terri is and has been his next pet project and according to at least one newspaper interview. Felos apparently has a framed picture of Paramahansa Yogananda which he holds in high regard. He pretends to worship highly Paramahansa Yogananda who was on the path of the heart or love yet he and the man he represents wants to have Terri murdered and not only that by starvation and dehydration. This is what he calls "death with dignity"! Considering his actions what a joke! Except no one is laughing. To get back to Greer. Greer says that says he is following a mandate from the 2nd District Court of Appeals and that Jeb can basically go to hell (putting his letter in the file). Now it turns out that the Honorable Pinellas-Pasco Judge George Greer has been talking to others about the case without attorneys of both parties being present and that he is biased against Terri's right to life. It appears he has a bias towards Michael Schiavo and George J. Felos despite trickery of convincing the court that she should be killed and despite in my opinion the blatant criminal misdeeds on their own parts. The fact of the matter is that the hands of the 2nd District Court of Appeals, the Honorable Judge George Greer, and the Florida Supreme Court will have Terri's blood on their hands if Jeb doesn't step in and do something. Jeb himself will have her blood on his hands if he doesn't. Governor Jeb Bush has the power to: a) initiate a criminal investigation of Michael Schiavo and George J. Felos and maybe even Greer himself if Greer doesn't consider all the facts brought out in the Emergency Federal Court Hearing. b) step in and suspend George Greer (again considering all of the evidence that has come to light in the Emergency Federal Court Hearing which occurred on Sept. 2 and the facts which came out concerning Michael Schiavo and his non-party co-conspirator George Felos' fraud) for his impropriety, gross negligence, misconduct, etc. if he goes ahead and sets a date for removal of her feeding tube on Sept. 11 [we have the reference to the Florida State law that this is covered under and he has the power to suspend Pinellas-Pasco Judge George Greer: 112.52 Removal of a public official when a method is not otherwise provided.-- (1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any misdemeanor arising directly out of his or her official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term. (2) During the period of the suspension, the public official shall not perform any official act, duty, or function or receive any pay, allowance, emolument, or privilege of office. (3) If convicted, the public official may be removed from office by executive order of the Governor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication. (4) If the public official is acquitted or found not guilty, or the charges are otherwise dismissed, the Governor shall by executive order revoke the suspension; and the public official shall be entitled to full back pay and such other emoluments or allowances to which he or she would have been entitled had he or she not been suspended. History.--s. 1, ch. 80-333; s. 720, ch. 95-147.] c) call an emergency session in the legislature to find a way to help Terri by creating a new law or by amending the law regarding 'exit protocol' etc. So get on your phones to your reps, to Jeb and to Attorney General Charlie Crist, to President Bush and Attorney General John Ashcroft (regarding the federal crimes that have broken) to initiate a criminal investigation and to stop this madness, for them to give guardianship back to Terri's parents where it belongs (they want to give her the rehabilitation). Michael promised Terri's rehabilitation but once he got the $1,200,000 he suddenly remembered that Terri said she wouldn't want to live by any "artificial" means. Not only did he have no proof (only hearsay) but this tactic was purely for him to be able to try to get Terri starved to death. He refused to let her have swallow tests, etc. or get any rehabilitation. He didn't get her wheelchair repaired. He didn't take her outside, etc. What kind of person would do this? Only a person who has criminal intent on murder. Now he is trying to get away with this under the color of law and Judge George Greer is happily playing into his hands with the help of George J. Felos. Terri is disabled and not in a "permanent vegetative state" (PVS), nor is she in a coma. Any judge in his right mind would be able to see past the trickery of Michael Schiavo and George J. Felos! In my opinion Michael Schiavo and George J. Felos, etc. need to be severely punished for their crimes and if anyone else knowingly has aided them they too should also pay. It is obvious that Terri has a right to life and as before stated she has the right to the rehabilitation she was supposed to be getting. There is so much that can be done these days with the technology we have today in regards to rehabilitation. With your help perhaps we can stop "these criminals" in their tracks. Below are just some of the mentioned contacts. You can expand on this by contacting your friends, representatives, media, etc. as well. What is sought is a geometrical response that will certainly be bound to help Terri to live and get her rehabilitation, etc. and under the guardianship of those who love her: namely her parents. Terri also has a brother and sister who love her very much and love her just as dearly as her parents. Michael Schiavo on the other hand has a child by another woman and another on the way! It appears that he has quite the conflict of interest and should no longer be Terri's guardian. He has intent to kill and it has been apparent since the day that he refused Terri's rehabiliation after winning the $1,200,000 malpratice lawsuit. Now that "the money is gone" according to (in my opinion) his good for nothing attorney George J. Felos it is even more apparent that Michael Schiavo has other things he is trying to hide. === A criminal investigation needs to be conducted by John Ashcroft. Please demand of President Bush to initiate an investigation so that Mr. Ashcroft can get involved: President George W. Bush c/o The White House 1600 Pennsylvania Ave., N.W. Washington, D.C. 20500 Voice: (202)456-1111 Switchboard: (202)456-1414 Fax: (202)456-2461 TTY/TDD Comments: 202-456-6213 Visitors Office: 202-456-2121 Although you'll get an automated response, here are the e-mails for GW and Cheney: President George W. Bush: president@whitehouse.gov Vice President Richard Cheney: vice.president@whitehouse.gov Note: Since there is only one FAX number so far known to our campaign, it's likely we will easily jam it during the peak time. So if you cannot get through this FAX line, an alternative way to send our message to the President is EXPRESS MAIL - the fast delivery service. There are 4 major express mail systems in the U.S.: 1. Federal Express (http://www.fedex.com/), a private company offering worldwide express mail service. Its phone numbers and "drop off locations" are listed in the white page of most local phone book under the entry of "FEDERAL EXPRESS" (see above URL first). It can also pick up your outgoing mail at your door by calling the service. 2. UPS (http://www.ups.com/) also offers next day service and also next day early a.m. delivery (as does Fed Ex). You can go to any Mailboxes, Etc. store which are now named The UPS Store (http://www.theupsstore.com/). 3. DHL express mail company, also a worldwide service. But I can't find its info from my local phone book. 4. Regular U.S. post offices also provide express mail service - next day delivery. You can bring your mail to your local post office or call for a pickup at your door for $4 per pickup. Letters submitted as express mail are guaranteed to reach the destination the next day. Generally speaking Federal Express' service is better than the Post Office, of course, at a little higher price. United States Attorney General John Ashcroft: (AskDOJ@usdoj.gov) Fax:202/514-1009 U.S. Senate: http://www.senate.gov/general/contact_information/senators_cfm.cfm A similar criminal investigation on the Florida State level needs to be initiated by Jeb Bush: (jeb@myflorida.com, jeb.bush@myflorida.com) While more action should be taken besides the on-line petition to Florida Governor Jeb Bush please do use this as one means of acting: On-line Petition: http://www.friendsofterri.org/pet.html Jeb Bush, Governor Voice: (850)488-4441 Voice: (850)488-7146 Fax: (850)487-0801 Executive Office of the Governor 400 S. Monroe Street The Capitol Tallahassee, Florida 32399-0001 and his Attorney General Charlie Crist (ag@oag.state.fl.us). Office of Attorney General Charlie Crist State of Florida The Capitol PL-01 Tallahassee, FL 32399-1050 Main office telephone numbers Voice: 850-414-3990 Fax: (850)487-2564 Please act now. Juan Schoch Concerned Florida Resident United States Citizen Refer to these links: http://www.terrisfight.org http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt Concerning Sept. 11 at the Courthouse in Clearwater --------------------------------------------------- Loc: CLEARWATER COURTHOUSE 315 Court Street Clearwater, FL 33756 Demonstrators are welcome to convene at the Clearwater Courthouse on Court Street and Fort Harrison in Clearwater, FL. Thursday, September 11, 2003 is the scheduled hearing when Judge Greer is expected to select a date for termination of Terri's nutrition and hydration. The front lawn of the courthouse sits directly on Fort Harrison. There is a large sidewalk (public property) directly in front. Bring signs. You can purchase poster board, black paint and a small brush for under $5.00 total. There is also reinforced poster board that does well in a breeze or rainy conditions for a dime or so more. If you plan on attending, the hearing begins at 10.00 am. People begin to arrive for work at the complex by 8.30 am. Additionally, traffic along Fort Harrison is good and steady from 7.30 until about 9.30, so any time is appropriate. Though a public sidewalk is considered encroachment, it is in front of a courthouse and the police station is a stone's toss away, so a PEACEFUL assembly is the only appropriate course. Dress comfortably and bring a bottle of water. It's certain to be warm. Be prepared to speak to the media and know that they will be swarming that day. Explain to them why you got involved, what it means to you, why it causes you worry. No need to try and wrestle with the legal proceedings. There is a lot of foot traffic in front of the courthouse as well. If someone stops and asks what all the fuss is about, take a bit of time to chat them up about Terri. They will probably thank you for it. Direct them to the web site, if you think of it. Above all, the more the merrier. Understanding that people have jobs, obligations, families and bills to pay... if you can make the time, you are welcome and appreciated. Note: Any actions to show solidarity are welcome if you can't make it please get together with others for any media or other actions, etc. if you are compelled. --- Contact: Pamela Hennessy 1133 Drew Street Clearwater, FL 33755 Phone: 727-445-1766 email: phenn@zimp.org Press Release Terri Schiavo case moves to the Federal level. Federal Court grants emergency hearing in the case of disabled Florida woman. Clearwater, FL August 30, 2003: On Saturday, August 30, 2003, a Federal District Court Judge in Tampa scheduled an emergency hearing in the case of Terri Schindler-Schiavo, a disabled woman whose husband has petitioned the courts to end her life by the removal of her feeding tube. This hearing is scheduled for Tuesday, September 2, 2003 at the Federal Courthouse in Tampa. In an emergency motion, the attorney representing Bob and Mary Schindler of Gulf Port, Florida (Ms. Schiavo's parents), asked the court to issue an injunction allowing Ms. Schiavo's parents access to her medical information, continuance of medically necessary treatment and several other issues that relate to Ms. Schiavo's care. On Tuesday, August 26, 2003, Pinellas Circuit Judge George Greer ordered that Terri's current medical treatment would not be interrupted. However, on Friday, August 29, 2003, Ms. Schiavo had been released from Morton Plant and sent back to the Hospice facility in St. Petersburg where she is a resident. During the early morning hours of Saturday, August 30, 2003, Ms. Schiavo was transported back to Morton Plant under emergency circumstances. Apparently, her husband denied her admittance to the hospital and she has since been sent back to Hospice Woodside in St. Petersburg. --- Text version of Amended Complaint, Temporary Restraining Order, Affidavits, Federal Court Order (These were dismissed on Sept. 2 by Judge Richard Lazzara who shirked his responsibilities [not sure of jurisdiction?!] at the Federal level but did say he would consider another attempt at rehearing in 10 days re: the Federal [Constitutional, etc.] laws being broken.) --- United States District Court Middle District of Florida Tampa Division Civil Action No.: 8:03-CV-1860-T-26-TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incompetent ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incompetent ward; HOSPICE OF THE FLORIDA SUN COAST, INC., and MORTON PLANT HOSPITAL ASSOCIATION, INC. Defendants. ---------------------------------------------------x VERIFIED AMENDED COMPLAINT __________________________ Plaintiffs Robert Schindler and Mary Schindler, by and through their undersigned attorneys, bring this Complaint against the above-named defendants and their agents, servants, and employees, and in support thereof allege the following on information and belief. PARTIES _______ 1. Plaintiff Robert Schindler is a citizen of the United States and resides in Gulfport, Florida, 33707, and is the natural father of Theresa Marie Schindler Schiavo (hereinafter "Terri"). 2. Plaintiff Mary Schindler is a citizen of the United States, is the spouse of plaintiff Robert Schindler, and resides with him in Gulfport, Florida, and is the mother of Terri. 3. Defendant Michael Schiavo (hereinafter "Schiavo") is a citizen of the United States and resides in Clearwater, Florida. He is sued herein individually and in his capacity as the Guardian of Therese Marie Schiavo, the natural daughter of the plaintiffs, having been appointed to such legal guardianship by the Sixth Judicial Court (Probate Division) of the State of Florida. Defendant Schiavo is Terri's legal husband, although he now resides with another woman, with whom he has had a child out-of- wedlock. It is believed that the paramour is pregnant with their second child. 4. Defendant The Hospice of the Florida Sun Coast, Inc. d/b/a Hospice Woodside is an extended care facility for terminally ill or severely disabled patients, located in Pinellas County, where Terri is currently a resident. 5. Defendant Morton Plant Hospital Association, Inc. is a Florida corporation and operates Morton Plant Hospital. Morton Plant Hospital is an acute care hospital located in Clearwater, Florida, and is the facility to which Theresa Marie Schindler Schiavo has been admitted on August 15, 2003, August 24, 2003, and most recently, in the early morning hours of August 30, 2003. NON-PARTY CO-CONSPIRATOR ________________________ 6. George J. Felos is an attorney-at-law admitted to practice in the Courts of the State of Florida and having his law office at Felos & Felos, P.A., 595 Main Street, Dunedin, Florida, 34698. He is named as a non-party co-conspirator relative to the civil rights deprivations at issue in this lawsuit. 2 NATURE OF ACTION ________________ 7. This is an action by the parents of Theresa Marie Schiavo, an incompetent ward, seeking injunctive relief and pecuniary damages against her Guardian, that is, her husband, defendant Michael Schiavo, who has been seeking to terminate the administration of food and water and the administration of ordinary medical treatment, such as antibiotic drug therapy, to Terri during her confinements to Morton Plant Hospital in Clearwater and Hospice Woodside. JURISDICTION AND VENUE ______________________ 8. This civil action arises under 42 U.S.C. Section 1983 and includes allegations of violations by the defendants of the First, Fifth and Fourteenth Amendments to the United States Constitution, 42 U.S.C., Sections 12101, et seq. (the Americans with Disabilities Act); 42 U.S.C. Section 1395dd, the Emergency Medical Treatment and Active Labor Act (EMTALA), and 29 U.S.C. Section 794, the Rehabilitation Act of 1973. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. Section 1331 and Section 1343(a)(3). 9. Plaintiffs' claims for declaratory and injunctive relief are authorized by 28 U.S.C. Sections 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the general legal and equitable powers of this Court. 10. Plaintiffs' claim for damages are made pursuant to 42 U.S.C. Section 1983. Plaintiffs' prayer for relief regarding costs, including reasonable attorneys' fees, is authorized by 42 U.S.C. Section 1988. 11. Venue is proper under 28 U.S.C. Section 1391(b) because a substantial part of the events or omissions giving rise to plaintiffs' claims occurred in this district. 3 FACTS COMMON TO ALL COUNTS __________________________ 12. Plaintiffs are sincere practitioners of the Roman Catholic religion and are the natural parents of Theresa Marie Schiavo, now age 39, who has been severely disabled for the past 13� years following an anoxic episode on or about February 25, 1990. 13. As sincere Catholic parents, plaintiffs believe they must expose and do all in their lawful and moral power to prevent the withdrawal of basic and ordinary means of care, such as food, nutrition, hydration, and appropriate antibiotic therapy, for their daughter, Terri, and to see to it that their disabled daughter obtains appropriate rehabilitation services, such as speech and motor function therapy. It is the plaintiffs' sincerely held religious conviction that euthanasia, passive euthanasia, and the withdrawal of food, water, bed rest, proper room temperature, and ordinary means of medical care to seriously ill or disabled patients is immoral. 14. Terri is also a Roman Catholic and a sincere practitioner of that religious faith and adherent of its teachings on morality. Roman Catholic teaching on euthanasia and passive euthanasia is set forth in the Declaration of Euthanasia, by the Vatican's Sacred Congregation for the Doctrine of the Faith, Nutrition and Hydration: Moral and Pastoral Reflections, by the United States Conference of Catholic Bishops (1992), and Nutrition and Hydration: Moral Considerations, a statement of the Bishops of Pennsylvania (1991), among other authoritative sources. 15. Terri was married to defendant Schiavo in 1984. On or about February 25, 1990, Mr. Schiavo reported to a "911" dispatcher that Terri was lying on the floor of their home. 4 16. Defendant Schiavo, who had been trained in cardiopulmonary resuscitation (C.P.R.) prior to February 25, 1990, inexplicably failed to call "911" immediately upon discovering his wife unconscious and instead telephoned plaintiff Robert Schindler, her father, who demanded that the defendant forthwith call "911". Schiavo asserted that he heard a thump sound late at night at home and found Terri unconscious on the floor. 17. Defendant Schiavo, despite his C.P.R. training, also inexplicably left Terri lying face down on the floor until paramedics arrived, rather than turning her over so as to clear her airway and prevent her hyperextended neck from being further injured or becoming rigid. 18. Terri was transported and admitted to Northside Hospital in St. Petersburg, which gave her family no definitive diagnosis of why she was now in an anoxic, brain- injured state. 19. Within 48 hours of Terri's anoxic episode, defendant Schiavo contacted a lawyer connected to his employer, one Daniel Gricco, Esq., who in turn convinced the plantiff parents, Robert and Mary Schindler, to allow Schiavo to become their seriously sick daughter's legal guardian as to any proceedings in the Florida state courts. 20. About 53 weeks after the fateful events of February 1990, a total body bone scan of Terri was done on March 5, 1991 after her physical therapy sessions under the auspices of Mediplex appeared to become too painful. The bone scan and correlative x- ray images revealed numerous abnormalities, including, but not limited to, compression fractures and apparently traumatic injuries to the L-1 vertebral body and the right femur. (See bone scan report attached as Exhibit "A.") The bone scan report states, "The patient has a history of trauma." 5 21. Defendant Schiavo is about a foot taller than Terri and weighs about 100 pounds more than she weighs. 22. Following Terri's treatment at Northside Hospital, defendant husband Schiavo sued two physicians for medical malpractice for Terri's injuries. 23. At the trial of the medical malpractice suit, defendant Schiavo swore that he would use any recovery of pecuniary damages to take care of Terri for the remainder of her life. He testified that he was going to become a nurse and devote his whole life to taking care of her. He presented a detailed rehabilitation plan to the jury, a plan devised by a rehabilitation specialist. 24. Based on his testimony promising rehabilitation services for Terri, in part, the malpractice jury awarded Mr. Schiavo $1,200,000.00, of which approximately $700,000.00 was placed in a trust fund for Terri's support and maintenance. 25. The money awarded by the jury arrived in about February, 1993. From that point forward, Schiavo failed and refused to provide any rehabilitation services whatsoever to Terri and even sought to withhold basic medical care in the expectation that she would die. 26. In about July of that year, defendant Schiavo admitted under oath, during a proceeding by plaintiffs herein to remove him as Terri's guardian, that he allowed or ordered a urinary tract infection suffered by Terri to go untreated, in the hope that it would worsen and progress to potentially fatal sepsis. 27. In 1998, defendant Schiavo commenced a proceeding to terminate even the provision of food and water to his wife, via the ordinary means of a gastrostomy tube ("G 6 tube"), by filing his petition to withdraw life support in the Probate Division of the Sixth Judicial Circuit in Pinellas County, Florida. 28. The year before, non-party co-conspirator George J. Felos, Esq., (hereinafter "Felos") had begun advising Mr. Schiavo as trial counsel to devise a strategy for securing the termination of Terri's food and water. 29. Non-party co-conspirator Felos styles himself a pioneer in the "Death With Dignity" legal movement and is the author of Litigation as Spiritual Practice, published by the Blue Dolphin Publishing Co., Inc., of Nevada City, California, in 2002. This book promotes the defendant lawyer's trailblazing efforts in the pro-euthanasia field in America. He is at this time promoting his next book, which is to be about the related case in the Florida District Court of Appeal and Florida Sixth Judicial Circuit Court and which related case Mr. Felos evidently expects to end in the death of Theresa Marie Schiavo in the very near future. 30. Mr. Felos' book, Litigation as Spiritual Practice, contains numerous bizarre anecdotes about his ardent desire to end the administration of food and water to severely disabled or gravely sick patients. 31. On page 63, referring to his landmark Florida state court case, Estate of Browning, Felos writes: "Such a deep, dark, silent blue. I stared as far into her eyes as I could, hoping to sense some glimmer of understanding, some hint of awareness. The deeper I dove, the darker became the blue, until the blue became the black of some bottomless lake. 'Mrs. Browning, do you want to die?...Do you want to die?' - I near shouted as I continued to peer into her pools of strikingly beautiful but incognizant blue. It felt so eerie." 7 32. On page 73, Attorney Felos writes: "As I continued to stay beside Mrs. Browning at her nursing home bed, I felt my mind relax and my weight sink into the ground. I began to feel light-headed as I became more reposed. Although feeling like I could drift into sleep, I also experienced a sense of heightened awareness. As Mrs. Browning lay motionless before my gaze, I suddenly heard a loud, deep moan and scream and wondered if the nursing home personnel heard it....In the next moment, as this cry of pain and torment continued, I realized it was Mrs. Browning. I felt the mid-section of my body open and noticed a strange quality to the light in the room. I sensed her soul in agony. As she screamed I heard her say, in confusion, 'Why am I still here... why am I here?' My soul touched hers and in some way I communicated that she was still locked to her body. I promised I would do everything in my power to gain the release her soul cried for. with that the screaming immediately stopped. I felt like I was back in my head again." 33. On page 75, Felos says: "Before our son was conceived, my then wife and I went through a long and arduous process trying to decide if we should have a child. Given that our marriage was never very stable, the familiar arguments against creating progeny seemed at times hard to overcome....One morning, while still generally engaged in that process, I walked into my office, and about half way to my desk was hammer- struck. While almost seeing stars like a comic book character, I heard the soul of my yet- to-be-conceived child emphatically shout: I'm ready to be born... will you stop this fooling around!'...The voice I heard was distinctly male, and I beamed with the idea I had a son - or was going to have a son - or sorta had a son out there - or something like that." 8 34. On page 216, again discussing Estate of Browning, Mr. Felos writes about the late Estelle M. Browning: "As I always did, I looked into her eyes and shouted to her, hoping for some response or sign. After a minute or two I sat in the chair by the foot of her bed, closed my eyes, and started to meditate. Having 'soulspoken' with Mrs. Browning when we first met, I decided, with a measure of earnest self-inflation, to purposefully initiate such contact. I settled into my breath and noticed all the passing sounds move through my consciousness. As I deepened my relaxation, I reached out with my awareness to see if I could touch her soul-presence. From deep inside I repeated, 'Mrs. Browning, it's okay to leave your body. There is no reason to stay in this body. It is all right to die now.' A few minutes into my meditative encouragement, I was jarred by a high-pitched sarcastic cackle and the words, 'You're telling me to drop my body - and you can't even get out of your head.' Apparently, Mrs. Browning had a spirited sense of humor!" 35. On pages 181-182 of his book, Felos claims that merely by visualizing a plane crash during a flight he was taking back to Florida, he caused the plane to begin to crash and that God spoke to him at that moment to warn him: "Be careful what you think. You are more powerful than you realize'.....I was startled, humbled, and blessed by God's admonishment." 36. Co-conspirator Felos clearly is not simply an advocate for Michael Schiavo in the Florida state courts; he is an investor in Mrs. Schiavo's case who stands to profit financially via her judicially-sanctioned death and the book he told the St. Petersburg Times he wants to write about the case and his "spiritual journey" with Theresa Schiavo. As his first work, Litigation as Spiritual Practice, indicates, Mr. Felos is an egomaniacal 9 visionary who views Terri's hoped-for death as a fulfillment of his personal messianic mission as the savior of severely disabled and seriously ill people who need to die. He is a protagonist in a drama in which he sees himself as a lead character. 37. In connection with the proceeding, Schiavo announced his recollection that sometime in the mid-1980s, Terri informally remarked, with reference to her grandmother's ultimately terminal illness, that in the event of her own serious illness, she did not want to be maintained "on anything artificial". Defendant Schiavo alleged a recollection of other generalized remarks to that effect. 38. Defendant Schiavo's position that his wife would not want to live by means of food and hydration administered through a G tube was completely contrary to his testimony before the medical malpractice case jury. 39. At the time of Terri's alleged remarks in the mid-1980s, Florida law did not include food and hydration among the forms of medical care that could be terminated based on the alleged prior directives of a patient, and deprivation of food and hydration would have constituted the crime of euthanasia under Florida law at the time Terri allegedly made her comment to defendant Schiavo about "anything" (or "nothing") artificial". It was not until October 1, 1999 that the law was amended to include food and hydration given via a G tube. 40. Terri's alleged remarks about "anything artificial" said nothing about the withdrawal of food, hydration, and rehabilitative therapy. 41. Under Felos' guidance, there were about five years of legal proceedings in the Florida state courts, during most of which Terri was not represented by a guardian ad litem. 10 42. The initial trial counsel for plaintiffs in the state court proceedings did not litigate any constitutional issues. 43. Two Florida trial court-level proceedings and four appeals to the state's District Court of Appeals culminated on August 22, 2003, when the Florida District Court of Appeal held that Terri is in a persistent vegetative state (PVS) within the meaning of Florida law and that her alleged remarks about not wanting to be on "anything artificial" sufficed as clear and convincing evidence that she would choose to be deprived of food and water until she starved and dehydrated to death. The Florida appellate court remanded the matter to the Sixth Judicial Circuit trial judge for a hearing on setting a date for the termination of food and water. 44. The state trial court has set September 11, 2003 as the date for the hearing on termination of Terri's food and water. 45. Non-party co-conspirator Felos has been paid approximately $550,000.00, virtually the entirety of Terri's estate, for his professional services to defendant Schiavo in the Florida courts, and no funds from the estate have been used for her rehabilitation. 46. Over the past 12 years and utterly contrary to his sworn promises to the malpractice jury, defendant Schiavo has denied Terri any therapy or rehabilitation whatsoever, but instead has sequestered her in nursing homes where he prevented or burdened the plaintiff parents' visits with her, finally transferring her to Hospice Woodside, commonly known to be one of the most restrictive nursing environments in Florida, following the Sixth Judicial Circuit Court's original order in February, 2000. She remains there to this day. 11 47. During August, 2003, while Terri was confined to Morton Plant Hospital, in Clearwater, Florida, defendant Schiavo also interfered with and acted to prevent her from receiving the ministrations of Rev. Monsignor Thaddeus Malanowski, an elderly Roman Catholic priest and also a retired Brigadier General in the U.S. Army. Msgr. Malanowski had been visiting Terri in Hospice on Saturdays for about three years. In plaintiffs' and Terri's Catholic Faith, priestly visitations and ministrations and the prompt availability of an ordained priest to administer the Sacrament of the Anointing of the Sick (also known sometimes as Extreme Unction) to seriously ill adherents are highly respected and recommended by the Church's Magisterium (i.e., teaching office). 48. During the final week of August, 2003, defendant Schiavo relented and agreed to permit Msgr. Malanowski to again visit Terri under conditions set by Schiavo. Nevertheless, plaintiffs fear that Schiavo may renege on even this concession and that their daughter will die without the ministrations of her priest. 49. Terri has not been certified as "terminally ill" as required by federal regulations for the use of federal funds for hospice care, yet has resided at Hospice Woodside since March or April, 2000. 50. Upon information and belief, defendant Schiavo has never paid the bill from defendant Hospice of the Florida Sun Coast, Inc. (Hospice Woodside). 51. Co-conspirator Felos is a former Chairman of the Board of defendant Hospice of the Florida Sun Coast, Inc. 52. It is believed that co-conspirator George J. Felos combined and conspired with defendant Michael Schiavo to arrange for Terri's "free" stay at Hospice Woodside as part of an "exit protocol" designed to advance Felos' self-perceived messianic mission of 12 "helping" incapacitated people to die by categorizing them as "terminal," warehousing them, and depriving them of therapy and rehabilitation services. 53. A certified nursing assistant, Carolyn Johnson, came forward on August 28, 2003, in reaction to the publicity surrounding Governor Jeb Bush's intervention in the related case at the Florida Circuit Court level, and revealed that she quit her job at the Sabal Palms Nursing Home, in Largo, Florida, where Terri was once a patient, after being told that defendant Michael Schiavo had ordered no rehabilitative therapy for Terri, a situation quite unlike that obtaining with the patient in the bed next to hers. (See Ms. Johnson's affidavit annexed hereto.) 54. Also attached hereto is a similar affidavit from Carla Sauer Iyer, R.N., who worked at Palm Garden of Largo Convalescent Center, in Largo, from April 1995 to July 1996, while Terri was a patient there. Moreover, paragraph 11 of Nurse Iyer's affidavit strongly suggests the possibility that defendant Michael Schiavo may have wrongly given Terri doses of Regular Insulin while he was alone with her in her room at Palm Garden of Largo. 55. Defendant Schiavo, a state actor in his capacity as the state court-appointed guardian of the person of Theresa Marie Schiavo, upon information and belief, may be using the judicial processes of the State of Florida to conceal prior criminal activity. 56. Since February 25, 1990, Terri Schiavo has remained profoundly disabled. 57. Despite her profound disability, however, Terri responds with love and affection to her plaintiff parents, responds to commands, responds to visitors who sing Catholic and secular hymns and songs to her (even on at least one occasion by raising her eyes and her usually rigid arms over her chest as though in an attempt to keep time with 13 the melody, and showing an expression of appreciation), and vocalizes in context- appropriate ways. 58. Defendant Schiavo has also prevented Terri from undergoing a barium swallow test, a procedure necessary to ascertain the consistency of foods able to be taken by mouth. 59. Were Terri to undergo the barium swallow test, her swallowing of the thick white liquid substance might prove that she in fact is able to eat and that, therefore, there should be no court order to bring about her death by starvation and dehydration. 60. Notwithstanding 13� years of abuse and neglect at the hands of her husband, Terri remains responsive to her environment and a clear candidate for rehabilitative therapy as required by the ADA and by the Rehabilitation Act of 1973. This is shown by the following facts: a) approximately a year after the anoxia incident of February 1990, Terri was crying out, "No, no!" and "Stop!" during physical therapy sessions, which defendant Schiavo arranged to be abandoned after 1993. Her statement of pain prompted the aforementioned bone scan revealing evidence of traumatic bone fractures; b) she laughs, smiles, and responds to commands (see Exhibit "B", a color photograph of Terri smiling in her plaintiff mother's immediate presence); and c) she approvingly responds to singing by visitors she seems familiar with, even going so far as to elevate her eyes and neck and lift her arms upward from her chest as though trying to keep the tempo of the melody for an appreciable length of time. 61. A copy of the affidavit of Dr. Alexander T. Gimon, attached hereto as Exhibit "C," presents evidence that Terri Schiavo does indeed have cognitive function and should receive therapy. Dr. Gimon, a clinical neuropsychologist, says on page 12 of the 14 affidavit: "Given the neglect which Terri has suffered...it is striking that her current cognitive functioning is as strong and varied in expression as it is. This indicates that sufficient brain structure exists for further cognitive and behavioral progress to be made. Terri is an excellent subject for a variety of cognitive treatment protocols designed to improve her neurological function, including neuroaerobics, physical therapy, recreational/occupational therapy, and speech-language therapy." 62. A copy of the affidavit of Sara Green Mele, a speech-language pathologist at the Rehabilitation Institute of Chicago who is also associated with Northwestern University's Feinberg's School of Medicine, is attached hereto as Exhibit "D." Ms. Mele states that Terri "has sufficient swallowing ability to handle her own secretions" and should receive modified barium swallow study "to assess swallow function for intake trials of thin and thick liquids and pureed consistencies." Ms. Mele states that Terri is clearly vocalizing in context-appropriate ways and would benefit from speech-language therapy, physical therapy, and occupational/recreational therapy. She believes such therapies would "significantly enhance" Terri's quality of life. 63. On or about August 14, 2003, Terri developed vomiting, coughing up of blood, and breathing difficulties, an emergency medical condition within the meaning of EMTALA. She was taken to Morton Plant Hospital in Clearwater and admitted. 64. On Thursday, August 20, 2003, Terri was discharged from Morton Plant Hospital without her condition having been stabilized. 65. This premature discharge from hospital may have been against medical advice, at the insistence of defendant Schiavo, as part of the "exit protocol". 15 66. On Sunday, August 24, 2003, Terri was returned from defendant Hospice Woodside to Morton Plant Hospital with a recurrence of vomiting and a 102 degree fever, and she subsequently was believed to be suffering from left lung pneumonia and sepsis. 67. In an apparent effort to hasten his wife's demise, defendant Schiavo directed non-party co-conspirator George J. Felos to seek an order from the state court trial judge terminating not only food and water, but also the administration of antibiotics and other treatments for the pneumonia. On Monday, August 25, Mr. Felos, conspiring with Mr. Schiavo in the latter's capacity as a state actor, brought an emergent motion in Florida's Sixth Judicial Circuit praying for this relief and for Terri to be provided with only "comfort care." 68. The trial judge, expressing concern about due process, denied this request by Messrs. Schiavo and Felos pending the September 11, 2003 hearing and the filing of a petition by Mr. Felos to terminate Terri's medical care. 69. The emergent motion by Felos and defendant Schiavo in the Sixth Judicial Circuit on August 25, 2003 was clearly part and parcel of the "exit protocol" devised by Mr. Felos, especially as the application is completely outside the ambit of Florida law on the treatment of hospital patients, as the application seeks the denial of antibiotics. 70. In the face of growing public outrage over the efforts of defendant Schiavo's determined efforts to secure the death of his own wife, the Honorable Jeb Bush, Governor of the State of Florida, personally wrote to the trial judge on August 26, 2003, urging him to appoint an independent guardian ad litem and to consider all new evidence regarding Mrs. Schiavo's capacity for rehabilitation and recovery of function. 16 71. In reaction to Governor Bush's action, Mr. Felos and defendant Schiavo held a news conference on August 26, 2003, during which they alleged that the Governor had interceded in the matter as part of a right wing, Right to Life conspiracy involving his political supporters. 72. At the news conference, Mr. Felos opined that providing Terri with antibiotics and other basic medical care for pneumonia and sepsis is "an example of the over- treatment of a terminally ill patient" and "excessive treatment of the terminally ill" which makes people "wonder why Medicare is going broke". FIRST COUNT AMERICANS WITH DISABILITIES ACT _______________________________ 73. Plaintiffs repeat all of the allegations of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 74. The Americans With Disabilities Act (A.D.A.), 42 U.S.C. Sections 12101 et seq., provides that necessary and appropriate rehabilitation services and physical/motor skill therapy not be denied a substantially disabled patient in the United States of America. 75. Moreover, the pertinent federal regulations for implementation of the A.D.A. specifically provide that "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." (cf. 28 C.F.R. Ch. 1, Subpart B, Section 35.130) The failure and refusal of defendant Michael Schiavo, acting under the color of state law, to furnish Theresa Marie Schiavo with necessary and appropriate speech and motor skills therapy, rehabilitation services, and the basic essential medical services, and his demand 17 that she be deprived of food and water, violate her rights under the A.D.A. and constitute unlawful discrimination against her because of her disability. SECOND COUNT DUE PROCESS VIOLATIONS: FIFTH AND FOURTEENTH AMENDMENT ______________________________________________________ 76. Plaintiffs incorporate by reference all paragraphs above as if set forth verbatim and at length herein. 77. Regardless of what is provided by the laws of the State of Florida and regardless of the Florida District Court of Appeals decision mandating discontinuance of the G-tube, Terri has an independent right to life under the United States Constitution, Amendment V and the Fourteenth Amendment. 78. The state court proceedings and the minimal quality of proof required to establish clear and convincing evidence of Terri's supposed intent to refuse food and water as medical treatment constitute insufficient due process for protection of her federal constitutional right to life. 79. Terri's Fifth Amendment right to life is also violated by the ex post facto application to her situation of a 1999 Florida statutory amendment which by its terms operates only prospectively, adding food and hydration to the categories of medical treatment a patient has the right to refuse under that state's Living Will Law and that state's Constitution. 80. There was no evidence in the state court proceedings that Terri ever referred specifically to food and hydration in her alleged remark about "nothing artificial" made at a time when Florida law did not allow for termination of food and hydration. 18 81. Moreover, in the state court proceedings initiated by defendant Michael Schiavo, Terri Schiavo, a severely disabled individual, had no guardian ad litem and no lawyer for most of the time. 82. Terri briefly did have the service of Richard L. Pearse, Esq., appointed by the court in 1998. 83. Attorney Pearse was dismissed from the case by the state court on motion by George J. Felos, Esq., the non-party co-conspirator herein, after the former filed a report concluding that Michael Schiavo had an irreconcilable conflict of interest due to Schiavo's relationship with another woman, his financial stake in Terri's death, and the fact that he tried to let Terri die of a urinary tract infection in 1993. 84. The state court proceedings which led to the Florida Second District Court of Appeals' fateful August 22, 2003 order severely prejudiced Terri's federal constitutional and statutory rights, which were never defended and in fact were violated. The violations included: a) ineffective assistance of counsel, b) due process violations, and c) blatant conflict of interest with Terri's guardian, defendant Michael Schiavo, as more fully set forth above. THIRD COUNT REHABILITATION ACT OF 1973 __________________________ 85. Plaintiffs repeat each and every allegation of the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 86. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. �794, prohibits discrimination against an "otherwise qualified" handicapped individual, solely by reason of his or her handicap, under any program or activity receiving federal financial 19 assistance. Hospitals and hospices that accept Medicare and Medicaid funding are subject to the Act. 87. Defendant Hospice Woodside is subject to the Act because it receives federal funding. 88. The aforesaid acts and omissions of defendants have violated Terri's right to rehabilitation under the Act. FOURTH COUNT VIOLATION OF EMTALA ___________________ 89. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 90. On or about August 21, 2003, Terri Schiavo was discharged by Morton Plant Hospital without adequate stabilization of her pulmonary infectious disease, in that she had to be re-admitted on Sunday, August 24, 2003. Once again, Terri Schiavo was discharged too soon, on Friday, August 29, only to be re-admitted once again in the early morning hours of August 30, 2003, less than 24 hours later. 91. At a press conference on Tuesday, August 26, at co-conspirator Attorney Felos' offices, defendant Michael Schiavo told members of the news media that he thinks Terri should be given no treatment of her current ailments, but should simply be consigned back to defendant Hospice Woodside to die. 92. Following the August 25 denial of his legally baseless emergent motion to terminate Terri's basic medical care at Morton Plant Hospital, Mr. Felos sent the plaintiffs' state court attorney a facsimile transmission indicating that Terri might be 20 discharged a second time from that hospital before her condition is stabilized as required by 42 U.S.C. Section 1395dd, EMTALA. 93. Plaintiffs are concerned that a third premature discharge will provoke a fatal exacerbation of Terri's pneumonia and sepsis. FIFTH COUNT VIOLATION OF FIRST AMENDMENT RIGHTS ___________________________________ 94. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 95. During the aforesaid news conference of August 26, 2003, defendant Schiavo asserted that Monsignor Malanowski, needed state court permission, and had no court permission, to enter Terri's room at Morton Plant Hospital to visit and minister to her, as he has done almost every Saturday for three years at defendant Hospice of Woodside's facility. Mr. Schiavo excluded Msgr. Malanowski from ministering to Terri during her second hospitalization, when she had to be re-hospitalized as set forth above. 96. At the news briefing, defendant Schiavo, with Mr. Felos seated next to him, sneeringly ridiculed the plaintiff parents herein, saying, "They never went to church a day in their lives" but are now on a "religious kick" and trying to force religious beliefs on others, and further stated, regarding his critically ill wife and Msgr. Malanowski, "If I want Terri to have a priest, I'll supply that priest." Mr. Schiavo also commented that Catholics can receive the Sacrament of the Anointing of the Sick (sometimes called Extreme Unction and Viaticum, when the Holy Eucharist is given to a dying person) only once. This is contrary to Roman Catholic sacramental theology and praxis. 97. The defendants' actions in denying Terri the services of Msgr. Malanowski to which she has been accustomed for about three years and exposing her to the possibility 21 that she will die without the Sacrament of the Anointing of the Sick, are blatant violations of her religious liberty rights under the First Amendment to the U.S. Constitution. 98. The starvation and dehydration of Terri when she is a candidate for rehabilitation would constitute state-imposed euthanasia in violation of the tenets of her, and her parents', Roman Catholic religion. SIXTH COUNT 42 U.S.C. Sec. 1983 ___________________ 99. Plaintiffs repeat each and every allegation of all the previous paragraphs of the Complaint as if set forth verbatim and at length herein and incorporate same by reference. 100. Schiavo, as a state appointed guardian with full power over the person of Terri, is a state actor for purposes of all the constitutional violations requiring state action as alleged herein. 101. Together with non-party co-conspirator Felos, Schiavo has combined and conspired to deprive Terri of her constitutional and civil rights. PRAYER FOR RELIEF _________________ WHEREFORE, the plaintiffs Robert Schindler and Mary Schindler seek the following relief: A. A declaration that Schiavo's actions violate Terri's federal statutory and constitutional rights and her rights under the Americans With Disabilities Act, the Rehabilitation Act and EMTALA. 22 B. A temporary restraining order and permanent injunctive relief barring the defendants and their agents, and those acting in concert with them, from withdrawing or withholding food, water, nutrition, and medical care to Terri, including, but not limited to, food and hydration given her by means of a gastrostomy or other type of feeding tube in her body, requiring evaluation by therapists and any other health care professional such as a physician to determine the true medical condition of Theresa Marie Schindler Schiavo, the administration of antibiotics and medical treatment for any emergency medical conditions she has or may develop and ordering access to medical information about Theresa Marie Schindler be provided to Plaintiffs Robert and Mary Schindler. C. Prohibiting the defendants from denying or restricting Theresa Marie Schiavo access to and the ministrations of the aforementioned Rev. Msgr. Thaddeus Malanowski or any other Roman Catholic priest with whom she is acquainted or who wishes to bring her the Sacraments while she is under said defendants' care and watch; D. Prohibiting Defendant Schiavo from ordering the cremation of the body of Theresa Marie Schiavo, should she die; E. Appointing Plaintiffs as Guardian Ad Litem for their daughter Theresa Marie Schindler Schiavo for the duration of this action; F. An award of compensatory and punitive damages against all of the defendants pursuant to 42 U.S.C. Section 1983 and attorney's fees pursuant to 42 U.S.C. 1988; and 23 G. Such other and further relief as this Court should deem just and proper. Dated: St. Petersburg, Florida August 30, 2003 Christopher A. Ferrara, Esq. Specially appearing pursuant to Rule 2.02(a) American Catholic Lawyers Association, Inc. 50 South Franklin Turnpike, Suite 1 P.O. Box 277 Ramsey, New Jersey, 07445-0277 Phone: (201)236-1799, Fax: (201)236-3965 LOCAL COUNSEL: PATRICIA FIELDS ANDERSON, ESQ. Fla. Bar No. 352871 447 THIRD AVENUE NORTH, SUITE 405 ST. PETERSBURG, FL 33701 Phone: (727)895-6505; Fax: (727)898-4903 24 I HAVE READ THE FOREGOING Amended Complaint and swear that it is true and correct. DATED this 30th day of August, 2003. ROBERT SCHINDLER, SR. 25 ATTACHMENTS: EXHIBIT "A": 3/5/91 NUCLEAR IMAGING BONE SCAN EXHIBIT "B": COLOR PHOTOGRAPH OF TERRI SMILING IN HER PLANTIFF MOTHER'S IMMEDIATE PRESENCE ... --- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Civil Action No.: 8:03-CV-1860-T-26-TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incapacitated ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incapacitated ward; THE HOSPICE OF THE FLORIDA SUN COAST, INC., and MORTON PLANT HOSPITAL ASSOCIATION, INC. Defendants. ------------------------------------------------------x MOTION FOR TEMPORARY RESTRAINING ORDER ______________________________________ Plaintiffs Robert and Mary Schindler, by and through undersigned counsel pursuant to Fed. R. Civ. P. 65 and Middle District Rule 4.05, hereby move this Court for a Temporary Restraining Order and say: Page 1 of 6 1. By even date, Plaintiffs have filed their Verified Amended Complaint, Memorandum of Law In Support of Plaintiffs' Application for Temporary Restraining Order, and the Affidavits of Robert Schindler, Sr., Carolyn Johnson, Carla Sauer Iyer, and Heidi Law, together with various attachments. In the aggregate, these documents establish specific facts showing that Plaintiffs' incapacitated daughter Theresa Marie Schindler Schiavo ("Terri") is gravely ill and in imminent danger of dying due to Defendant Schiavo's actions, a loss of an irreparable nature. 2. Ordinarily, Plaintiffs would give notice of the requested relief to the Defendants. Here, however, such notice might serve only to spur Defendant Schiavo into more aggressive actions to end Terri's life before this Court decides the matter. The affidavit of Carla Sauer Iyer alleges overt actions in years past of Defendant Schiavo's attempts to harm Plaintiffs' daughter. On Monday, August 25, 2003, Defendant Schiavo stated his desire to withhold treatment from Terri for her current medical emergency, as she is going to die soon anyway. See attached "Emergency Motion To Cease Medical Treatment of Ward." Plaintiffs fear that if Defendant Schiavo learns of this instant motion Page 2 of 6 he will arrange an immediate end to Terri's life, regardless of legal consequences. Under these circumstances, notice and hearing are not practical or even advisable. 3. Presently, there is no court order in place ordering the withdrawal of sustenance and hydration from Theresa Marie Schiavo, but Defendant Schiavo, in concert with Defendant Hospice, has devised a plan to weaken Terri's health and create a shortcut to her death, outside the judicial process, so sure are they of being able to do away with her. 4. Plaintiffs seek a temporary restraining order barring the defendants and their agents, and those acting in concert with them, from withdrawing or withholding food, water, nutrition, and medical care to Theresa Marie Schindler Schiavo, including, but not limited to, food and hydration given her by means of a gastrostomy or any other type of feeding tube in her body, permitting evaluation by therapists and any other health care professional such as a physician to determine the true medical condition of Theresa Marie Schindler Schiavo, and requiring the administration of antibiotics, oxygen, respiratory therapy and other medical treatment for any emergency medical conditions she has or may develop. Page 3 of 6 5. Plaintiffs also seek access to medical information concerning their daughter Theresa Marie Schindler Schiavo from the defendants and, further, seek an order prohibiting the defendants from denying or restricting Theresa Marie Schiavo access to and the ministrations of the aforementioned Rev. Msgr. Thaddeus Malanowski or any other Roman Catholic priest with whom she is acquainted or who wishes to bring her the Sacraments while she is under said defendants' care and watch. 6. Should Terri die while a Temporary Restraining Order is in effect, Defendants and others acting in concert with them should be prohibited from cremating her body, as is Schiavo's stated wish. 7. Although Defendant Schiavo undoubtedly will feel himself thwarted once again, Defendants will not be harmed in any legally cognizable way if this Court issues the requested Temporary Restraining Order and thereby forestalls Terri's death or, at the least, her untreated medical conditions. Nonetheless, Plaintiffs are prepared to post a bond to secure their beloved daughter's life in the amount this Court sets. Page 4 of 6 WHEREFORE Plaintiffs Robert and Mary Schindler respectfully request this Court enter its Temporary Restraining Order Without Notice, enjoining the specific conduct of the defendants as set forth above, and such other and further relief as to the Court seems just and equitable. Dated: St. Petersburg, Florida August 30, 2003 Christopher A. Ferrara, Esq. Specially appearing pursuant to Rule 2.02(a) American Catholic Lawyers Association, Inc. 50 South Franklin Turnpike, Suite 1 P.O. Box 277 Ramsey, New Jersey, 07445-0277 Phone: (201) 236-1799, Fax: (201) 236-3965 LOCAL COUNSEL: PATRICIA FIELDS ANDERSON, ESQ. Fla. Bar No. 352871 447 THIRD AVENUE NORTH, SUITE 405 ST. PETERSBURG, FL 33701 Phone: (727) 895-6505; Fax: (727) 898-4903 Page 5 of 6 CERTIFICATE OF SERVICE ______________________ I hereby certify that I have served a copy of the foregoing Motion for Temporary Restraining Order upon MICHAEL SCHIAVO, MORTON PLANT HOSPITAL ASSOCIATION, INC. and THE HOSPICE OF THE FLORIDA SUNCOAST, INC. with original process served in this action. Patricia Fields Anderson, Esq. Page 6 of 6 --- United States District Court Middle District of Florida Tampa Division Stamped FILED: 03 AUG 30 PM 12:08 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA, FLORIDA CASE NO: 8:03-cv-1860-T-26TGW ROBERT SCHINDLER and MARY SCHINDLER, as parents and next friends of Theresa Marie Schindler Schiavo, an incapacitated ward, Plaintiffs, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, an incapacitated ward; THE HOSPICE OF THE FLORIDA SUNCOAST, INC., AND MORTON PLANT HOSPITAL ASSOCIATION, INC., Defendants. ______________________________/ ORDER _____ Before the Court are the Plaintiffs' Verified Amended Complaint, Motion for Temporary Restraining Order, Memorandum of Law in Support of Plaintiffs' Application for Restraining Order, and supporting Affidavits. After due consideration of the Plaintiffs' submissions, the Court is of the opinion that the Motion for Temporary Restraining Order should be converted to a Motion for Preliminary Injunction requiring -1- notice to the Defendants and that the motion should be scheduled for an expedited hearing in view of the compelling interests at stake. Accordingly, it is ordered and adjudged as follows: 1) The Plaintiffs shall serve the Verified Amended Complaint, the Motion for Restraining Order, the Memorandum in Support of Plantiffs' Application for Restraining Order, supporting Affidavits, and a copy of this order on each of the Defendants on or before 9:00 a.m., Monday, September 1, 2003. 2) The Defendants, if served, shall file a response to the converted Motion for Preliminary Injunction on or before 10:00 a.m., Tuesday, September 2, 2003, with a courtesy copy being delivered contemporaneously to this Court's chambers. 3) The Court will conduct a hearing on the converted Motion for Preliminary Injunction on Tuesday, September 2, 2003, at 2:00 p.m., in Courtroom 15B, United States Courthouse, 801 North Florida Avenue, Tampa, Florida. 4) The Court defers ruling on the converted Motion for Preliminary Injunction until the time of the hearing. 5) The parties shall be prepared to address the jurisdiction of this Court in terms of the doctrine of state action, the doctrine of Rooker-Feldman.1 and whether the various ________ 1 See District of Columbia Court of Appeals v. Feldman, 103 S. Ct. 1303 (1983); Rooker v. Fidelity Trust Co., 4 S. Ct. 149 (1923). -2- federal statutes relied on by the Plaintiffs apply in light of the allegations of the complaint. DONE AND ORDERED at Tampa, Florida, on August 30, 2003. RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record Notary stamp? -> -3- -------- STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared CAROLYN JOHNSON who being first duly sworn deposes and says: 1. My name is Carolyn Johnson, I am over the age of 18 years and make this statement on personal information. 2. I used to work at Sabal Palms nursing home in Largo, for a period of about two years. I actually was employed by a nursing agency and was placed at Sabal Palms as a Certified Nursing Assistant (CNA). I believe the events related here occurred in about 1993. 3. During this assignment I took care of Terri Schiavo several times. The first time I saw her my duties were being explained to me by the nurse on duty. Terri Schiavo was lying in bed. Another patient, also a young woman about the same age and in the same condition, was sitting up in a chair, with a drink cup and straw in front of her. 4. I asked why Terri was not up in a chair, too. I learned, as part of my training, that there was a family dispute and that the husband, as guardian, wanted no rehabilitation for Terri. This surprised me, as I Page 1 of 3 did not think a guardian could go against a doctor's orders like that, but I was assured that a guardian could and that this guardian had gone against Terri's doctor's orders. 5. No one was allowed to just go in and see Terri. Michael had a visitors list. We all knew that we would lose our jobs if we did not do exactly what Michael said to do. 6. I remember seeing Michael Schiavo only once the entire time I worked at Sabal Palms, but we were all aware that Terri was not to be given any kind of rehabilitative help, per his instructions. Once, I wanted to put a cloth in Terri's hand to keep her hand from closing in on itself, but I was not permitted to do this, as Michael Schiavo considered that to be a form of rehabilitation. 7. This entire experience made me look hard at nursing homes. After about two years, I quit this job, because I was so disillusioned with the way Terri was treated. Someone somewhere along the way should have reported this. FURTHER AFFIANT SAYETH NAUGHT. Page 2 of 3 Carolyn Johnson, Affiant Sworn to and subscribed before me this 28 day of August, 2003, by Carolyn Johnson who produced a Florida drivers license as identification. Notary Public My commission expires -------- AFFIDAVIT _________ STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME the undersigned authority personally appeared HEIDI LAW who being first duly sworn deposes and says: 1. My name is Heidi Law, I am over the age of 18 years, and make this statement on personal information. 2. I worked as a Certified Nursing Assistant at the Palm Gardens nursing home from March, 1997 to mid-summer of 1997. While I was employed at Palm Gardens, occasionally I took care of Theresa Schiavo. Generally, I worked the 3 p.m. to 11 p.m. shift, but occasionally also would work a double shift, until 7 a.m. the following morning. 3. At Palm Gardens, most of the patient care was provided by the CNAs, so I was in a good position to judge Terri's condition and observe her reactions. Terri was noticeable, because she was the youngest patient at Palm Gardens. 4. I know that Terri did not receive routine physical therapy or any other kind of therapy. I was personally aware of orders for rehabilitation that were not being carried out. Even though they were ordered, Michael would stop them. Michael ordered that Terri receive no rehabilitation or range of motion therapy. I and Olga would give Terri range of motion anyway, but we knew we were endangering our jobs by doing so. We usually did this behind closed doors, we -1- were so fearful of being caught. Our hearts would race and we were always looking out for Michael, because we knew that, not only would Michael take his anger out on us, but he would take it out more on Terri. We spoke of this many times. 5. Terri had very definite likes and dislikes. Olga and I used to call Terri "Fancy Pants," because she was so particular about certain things. She just adored her baths, and was so happy afterward when she was all clean, smelling sweet from the lotion her mother provided, and wearing the soft nightgowns her mother laundered for her. Terri definitely did not like the taste of the teeth-cleaning swabs or the mouthwash we used. She liked to have her hair combed. She did not like being tucked in, and especially hated it if her legs were tightly tucked. You would always tell when Terri had a bowel movement, as she seem agitated and would sort of "scoot" to get away from it. 6. Every day, Terri was gotten up after lunch and sat in a chair all afternoon. When Terri was in bed, she very much preferred to lie on her right side and look out the window. We always said that she was watching for her mother. It was very obvious that her mother was her favorite person in the whole world. 7. I worked side-by-side with another CNA named Olga and could tell that she and Terri were especially close. Olga took a definite personal interest in Terri, and Terri responded to her. I could tell that Terri was very satisfied and happy with Olga's attentions to her. 8. When Olga was talking with Terri, Terri would follow Olga with her eyes. I have -2- no doubt in my mind that Terri understood what Olga was saying to her. I could tell a definite difference between the way Terri responded to Olga and the way she reacted to me, until she got used to my taking care of her. Initially, she "clammed up" with me, the way she would with anyone she did not know or was not familiar or comfortable with. It took about the fourth or fifth time taking care of her alone, without Olga, that Terri became relaxed and cooperative and non- resistant with me. 9. Terri reacted very well to seeing a picture of her mother, which was in her room. Many times when I came on duty it would be lying face down where she could not see it. 10. At least three times during any shift where I took care of Terri, I made sure to give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. I personally saw her swallow the ice water and never saw her gag. Olga and I frequently put orange juice or apple juice in her washcloth to give her something nice to taste, which made her happy. On three or four occasions I personally fed Terri small mouthfuls of Jello, which she was able to swallow and enjoyed immensely. I did not do it more often only because I was so afraid of being caught by Michael. 11. On one occasion Michael Schiavo arrived with his girlfriend, and they entered Terri's room together. I heard Michael tell his girlfriend that Terri was in a persistent vegetative state and was dying. After they left, Olga told me that Terri was extremely agitated and upset, and wouldn't react to anyone. When she was -3- upset, which was usually the case after Michael was there, she would withdraw for hours. We were convinced that he was abusing her, and probably saying cruel, terrible things to her because she would be so upset when he left. 12. In the past, I have taken care of comatose patients, including those in a persistent vegetative state. While it is true that those patients will flinch or make sounds occasionally, they don't do it as a reaction to someone on a constant basis who is taking care of them, the way I saw Terri do. 13. I witnessed a priest visiting Terri a couple of times. Terri would become quiet when he prayed with her. She couldn't bow her head because of her stiff neck, but she would still try. During the prayer, she would keep her eyes closed, opening them afterward. She laughed at jokes he told her. I definitely know that Terri "is in there." 14. The Palm Gardens staff, myself included, were just amazed that a "Do Not Resuscitate" order had been put on Terri's chart, considering her age and her obvious cognitive awareness of her surroundings. 15. During the time I cared for Terri, she formed words. I have heard her say "mommy" from time to time, and "momma," and she also said "help me" a number of times. She would frequently make noises like she was trying to talk. Other staff members talked about her verbalizations. 16. Several times when Michael visited Terri during my shift, he went into her room alone and closed the door. This worried me because I didn't trust Michael. When he left, Terri was very agitated, was extremely tense with tightened fists and some -4- times had a cold sweat. She was much less responsive than usual and would just stare out the window, her eyes kind of glassy. It would take much more time and effort than usual to work her hands open to clean her palms. 17. I was told by supervisory staff that Michael was Terri's legal guardian, and that it didn't matter what the parents or the doctors or nurses wanted, just do what Michael told you to do or you will lose your job. Michael would override the orders of the doctors and nurses to make sure Terri got no treatment. Among the things that Terri was deprived of by Michael's orders were any kind of testing, dental care or stimulation. I was ordered by my supervisors to limit my time with Terri. I recall telling my supervisor that Terri seemed abnormally warm to the touch. I was told to pull her covers down, rather than to take her temperature. As far as I know, Terri never left her room. The only stimulation she had was looking out the window and watching things, and the radio, which Michael insisted be left on one particular station. She had a television, and there was a sign below it saying not to change the channel. This was because of Michael's orders. 18. As a CNA, I wanted every piece of information I could get about my patients. I never had access to medical records as a CNA, but it was part of my job duties to write my observations down on sheets of paper, which I turned over to the nurse at the nurses station for inclusion in the patients charts. In the case of Terri Schiavo, I felt that my notes were thrown out without even being read. There were trash cans at the nurses stations that we were supposed to empty each shift, -5- and I often saw the notes in them. I made extensive notes and listed all of Terri's behaviors, but there was never any apparent follow up consistent with her responsiveness. 19. I discussed this situation with other personnel at Palm Gardens, particularly with Olga, and another CNA, an older black man named Ewan Morris. We all discussed the fact that we could be fired for reporting that Terri was responsive, and especially for giving her treatment. The advice among the staff was "don't do nothin', don't see nothin' and don't say nothin'." It was particularly distressing that we always had to be afraid that if Michael got upset, he would take his anger out on Terri. 20. I recall an incident when Olga became very upset because Terri started to get a sore spot, because it might lead to a bedsore. Michael was told about it but didn't seem to care. he didn't complain about it at all, in fact, saying "she doesn't know the difference." When Terri would get a UTI or was sick, Michael's mood would improve. FURTHER AFFIANT SAYETH NAUGHT. Heidi Law, Affiant -6- STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this 30th day of August, 2003, by HEIDI LAW, who produced a Florida Driver's License as identification. Notary Public My Commission expires: -------- AFFIDAVIT _________ STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME the undersigned authority personally appeared CARLA SAUER IYER, R.N., who being first duly sworn, deposes and says: 1. My name is Carla Sauer Iyer. I am over the age of eighteen and make this statement of my own personal knowledge. 2. I am a registered nurse in the State of Florida, having been licensed continuously in Florida from 1997 to the present. Prior to that I was a Licensed Practical Nurse for about four years. 3. I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April 1995 to July 1996, while Terri Schiavo was a patient there. 4. It was clear to me at Palm Gardens that all decisions regarding Terri Schiavo were made by Michael Schiavo, with no allowance made for any discussion, debate or normal professional judgment. My initial training there consisted solely of the instruction "Do what Michael Schiavo tells you or you will be terminated." This struck me as extremely odd. -1- 5. I was very disturbed by the decision making protocol, as no allowance whatsoever was made for professional responsibility. The atmosphere throughout the facility was dominated by Mr. Schiavo's intimidation. Everyone there, with the exception of several people who seemed to be close to Michael, was intimidated by him. Michael Schiavo always had an overbearing attitude, yelling numerous times such things as "This is my order and you're going to follow it." He is very large and uses menacing body language, such as standing too close to you, getting right in your face and practically shouting. 6. To the best of my recollection, rehabilitation had been ordered for Terri, but I never saw any being done or had any reason at all to believe that there was ever any rehab of Terri done at Palm Gardens while I was there. I became concerned because Michael wanted nothing done for Terri at all, no antibiotics, no tests, no range of motion therapy, no stimulation, no nothing. Michael said again and again that Terri should NOT get any rehab, that there should be no range of motion whatsoever, or anything else. I and a CNA named Roxy would give Terri range of motion anyway. One time I put a wash cloth in Terri's hand to keep her fingers from curling together, -2- and Michael saw it and made me take it out, saying that was therapy. 7. Terri's medical condition was systematically distorted and misrepresented by Michael. When I worked with her, she was alert and oriented. Terri spoke on a regular basis while in my presence, saying such things as "mommy," and "help me." "Help me" was, in fact, one of her most frequent utterances. I heard her say it hundreds of times. Terri would try to say the word "pain" when she was in discomfort, but it came out more like "pay." She didn't say the "n" sound very well. During her menses she would indicate her discomfort by saying "pay" and moving her arms toward her lower abdominal area. Other ways that she would indicate that she was in pain included pursing her lips, grimacing, thrashing in bed, curling her toes or moving her legs around. She would let you know when she had a bowel movement by flipping up the covers and pulling on her diaper and scooted in bed on her bottom. 8. When I came into her room and said "Hi, Terri", she would always recognize my voice and her name, and would turn her head all the way toward me, saying "Haaaiiiii" sort of, as she did. I recognized this as a "hi", which is very close to what it sounded like, the whole sound -3- being only a second or two long. When I told her humorous stories about my life or something I read in the paper, Terri would chuckle, sometimes more a giggle or laugh. She would move her whole body, upper and lower. Her legs would sometimes be off the bed, and need to be repositioned. I made numerous entries into the nursing notes in her chart, stating verbatim what she said and her various behaviors, but by my next on-duty shift, the notes would be deleted from her chart. Every time I made a positive entry about any responsiveness of Terri's, someone would remove it after my shift ended. Michael always demanded to see her chart as soon as he arrived, and would take it in her room with him. I documented Terri's rehab potential well, writing whole pages about Terri's responsiveness, but they would always be deleted by the next time I saw her chart. The reason I wrote so much was that everybody else seemed to be afraid to make positive entries for fear of their jobs, but I felt very strongly that a nurses job was to accurately record everything we see and hear that bears on a patients condition and their family. I upheld the Nurses Practice Act, and if it cost me my job, I was willing to accept that. 9. Throughout my time at Palm Gardens, Michael Schiavo was focused -4- on Terri's death. Michael would say "When is she going to die?," "Has she died yet?" and "When is that bitch gonna die?" These statements were common knowledge at Palm Gardens, as he would make them casually in passing, without regard even for who he was talking to, as long as it was a staff member. Other statements which I recall him making include "Can't anything be done to accelerate her death - won't she ever die?" When she wouldn't die, Michael would be furious. Michael was also adamant that the family should not be given information. He made numerous statements such as "Make sure the parents aren't contacted." I recorded Michael's statements word for word in Terri's chart, but these entries were also deleted after the end of my shift. Standing orders were that the family wasn't to be contacted, in fact, there was a large sign in the front of her chart that said under no circumstances was her family to be called, call Michael immediately, but I would call them, anyway, because I thought they should know about their daughter. 10. Any time Terri would be sick, like with a UTI or fluid buildup in her lungs, colds, or pneumonia, Michael would be visibly excited, thrilled even, hoping that she would die. He would say something like, -5- "Hallelujah! You've made my day!" He would call me, as I was the nurse supervisor on the floor, and ask for every little detail about her temperature, blood pressure, etc., and would call back frequently asking if she was dead yet. He would blurt out "I'm going to be rich!" and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things. 11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I'd check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri's mouth to counteract it. This happened about five times on my shift, as I recall. Normally Terri's blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is medically possible that Michael injected Terri with Regular insulin, which is very fast acting, but I don't have -6- any way of knowing for sure. 12. The longer I was employed at Palm Gardens the more concerned I became about patient care, both relating to Terri Schiavo, for the reasons I've said, and other patients, too. There was an LPN named Carolyn Adams, known as "Andy" Adams who was a particular concern. An unusual number of patients seemed to die on her shift, but she was completely unconcerned, making statements such as "They are old - let them die." I couldn't believe her attitude or the fact that it didn't seem to attract any attention. She made many comments about Terri being a waste of money, that she should die. She said it was costing Michael a lot of money to keep her alive, and that he complained about it constantly (I heard him complain about it all the time, too.) Both Michael and Adams said that she would be worth more to him if she were dead. I ultimately called the police relative to this situation, and was terminated the next day. Other reasons were cited, but I was convinced it was because of my "rocking the boat." 13. Ms. Adams was one of the people who did not seem to be intimidated by Michael. In fact, they seemed to be very close, and Adams would do whatever Michael told her. Michael sometimes called Adams at -7- night and spoke at length. I was not able to hear the content of these phone calls, but I knew it was him talking to her because she would tell me afterward and relay orders from him. 14. I have contacted the Schindler family because I just couldn't stand by and let Terri die without the truth being known. FURTHER AFFIANT SAYETH NAUGHT. CARLA SAUER IYER, R.N. The foregoing instrument was acknowledged before me this 29 day of August, 2003, by CARLA SAUER IYER, R.N., who produced her Florida's driver's license as identification, and who did take an oath. Notary Public My commission expires -------- STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared ROBERT SCHINDLER, SR., who being first duly sworn deposes and says: 1. My name is ROBERT SCHINDLER, SR., I am over the age of 18 years, and I make this statement on personal knowledge. 2. I am Theresa Marie Schiavo's father. My wife and I for years have been denied access to any medical information concerning our daughter. Our daughter's husband, Michael Schiavo, is her guardian and has always given the instruction to Terri's caregivers not to provide us with information about her condition. This denial of access to medical information has been a constant, ongoing struggle for years and right up to this day. 3. My daughter was admitted to Morton Plant Hospital on Sunday, August 24, 2003, from the Hospice Woodside facility for medical reasons unknown to us and was released today at approximately 2:00 p.m. and was taken back to Hospice Woodside. Theresa Marie Schiavo was admitted to the hospital on an emergency basis with a Page 1 of 4 high temperature and some sort of infection. 4. Terri had been discharged from Morton Plant on Wednesday, August 20, 2003, and had been taken back to Hospice Woodside, I believe while she was still very ill. She had been in Morton Plant for one week and was admitted for reasons that her mother and I still do not know. 5. For years before this, Terri had been medically stable, with only an occasional urinary tract infection. According to George Felos, the attorney for Michael Schiavo, Terri had first been taken to the hospital on August 14 because she coughed up some blood. No firm explanation has ever been provided to us for why she would be coughing up blood. She had never done this before or anything like that before. 6. On this past Monday, August 25, 2003, Mr. Felos filed an emergency motion for court permission not to treat Terri's current problems, including antibiotics, since she was going to die soon, anyway, even though she had just been admitted to the hospital. In a fax to my lawyer, Mr. Felos said Michael Schiavo was "inclined" not to treat her conditions. Page 2 of 4 7. It is my belief that my daughter should not have been taken out of the hospital and certainly not have been taken back to Hospice Woodside. Her breathing is shallow and labored. At the hospital, earlier today, perhaps one hour before Terri was taken away, she received respiratory therapy to help with her breathing. She also was receiving oxygen therapy, which I observed, and antibiotics through an IV line. 8. It is my further belief that Michael Schiavo has taken her back to Hospice to deliberately avoid any treatment that would help her to get better, which would include antibiotic therapy. It is my belief that Michael Schiavo has moved my daughter back into Hospice in the hopes that she will expire over this Labor Day weekend. In the two and one-half years my daughter has been at Hospice Woodside, I have never seen my daughter receive anything stronger than over-the- counter remedies. If she has needed medical care, she has always been sent to Morton Plant Hospital. I am aware that her treating physician says he has ordered antibiotics occasionally for her, but I have no personal knowledge that this kind of medication was given to her by Hospice personnel. Page 3 of 4 9. It is my belief that my daughter is in extreme danger at this very moment. SWORN TO AND SUBSCRIBED BEFORE ME 29th day of August, 2003, by Robert Schindler, Sr. who is personally known to me. ROBERT SCHINDLER, SR. Affiant My commission expires Page 4 of 4 -------- Please phone if you prefer fax documents IMPORTANT: During this very difficult time, please direct interview requests for the Schindler family to: Media Contact: Pamela F. Hennessy 727-445-1766 Land 727-430-6236 Cel phenn@zimp.org email http://www.terrisfight.org/ http://www.friendsofterri.org/ Other refs: http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt http://webpages.charter.net/honeygrl/terri_schindler.asf http://pub162.ezboard.com/flacipetersonmurderforumfrm30 --------------------------------------------------------------------- Key: = begin underline = end underline IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION IN RE: THE GUARDIANSHIP OF FILE No. 90-2908GD-003 THERESA MARIE SCHIAVO, Incapacitated. ______________________________/ MOTION TO DISQUALIFY JUDGE __________________________ Petitioner, ROBERT SCHINDLER, by and through his undersigned attorney, hereby files this Motion to Disqualify Judge and moves this Honorable Court for the entry of an Order disqualifying the Honorable George Greer, Circuit Judge, from presiding over any further proceedings in the above-captioned matter, pursuant to Florida Statute 38.10 and Fla. R. Jud. Admin. 2.160 and states as follows: 1. Petitioner is an interested party in the above-styled case as the father of the Ward, Theresa Marie Schiavo. 2. This is a timely Motion to Disqualify pursuant to the above quoted Statute and Rule 2.160(e) of the Fla. Rules of Judicial Administration. 3. This Motion is filed reluctantly. An administrative reassignment was requested but did not occur. 4. The Petitioner herein believes that he will not receive a fair trial or hearing because of specifically described prejudice or bias of Judge Greer upon actions as follows: A. On or about August 27, 2003, both the St. Petersburg Times and Tampa Tribune newspapers printed articles resulting from statements made by Judge Greer regarding the above-styled case. The forum for which the statements occurred appears to be an informal press conference which was held in chambers by Judge Greer at approximately 1:30 p.m. on August 26, 2003. A copy of such articles are attached hereto as composite Exhibit "A". Further, upon 1 Fax page 2 information and belief Judge Greer spoke to reporters about this case outside of an informational capacity, on many occasions. B. Further, upon information and belief, Judge Greer has discussed the above-styled case with members of the public, including a private non-public phone conversation with a Florida Deputy Attorney General, John Carassas, and conversations with Pinellas County Sheriff Everett Rice. C. Attached hereto are Affidavits from Petitioner and counsels Patricia Fields Anderson and Larry Crow attesting to the veracity of the statements made herein. The original Affidavit of Larry Crow is attached hereto. Copies of Ms. Anderson's Affidavit as well as Petitioner's Affidavit are attached hereto but the originals of same have been filed with the St. Petersburg Clerk's office, due to geographic constraints. 5. The Code of Judicial Conduct, specifically Cannon 3(B)(9), states "A Judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any non-public comment that might substantially interfere with a fair trial or bearing. (underlining added) 6. Petitioner in the last month has lobbied, through disability advocate Doug Towne and others, the Executive Branch of the State of Florida, specifically the Florida Attorney General Charlie Crist and Governor Jeb Bush to intervene on the Ward's behalf and seek an independent guardian ad litem for the Ward. 7. On August 26, 2003, Gov. Jeb Bush sent a letter to Judge Greer requesting that an independent guardian ad litem be appointed for the Ward. 8. On that same day in an impromptu press conference held in his chambers at approximately 1:30 p.m., Judge Greer stated that he rejected the Governor's actions. 9. Sometime thereafter, upon information and belief, Judge Greer spoke to Florida Deputy Attorney General John Carassas concerning this case and 2 Fax page 3 stated that he was incensed about the letter and would consider same an improper ex parte communication if Jeb Bush was a lawyer, and could be grieved. 10. Upon information and belief Judge Greer has made similar statements to Pinellas County Sheriff Everett Rice. (See Affidavit of Patricia Fields Anderson) 11. Petitioner also believes that excessive statements made by Judge Greer to the press color his perception of the case, thereby creating a bias. The press statements are more than informational in character. 12. There are still substantial current matters concerning violation of the Ward's constitutional rights which are pending and need resolution and consideration of appointment of an independent guardian ad litem. 13. A Circuit Judge is a very important and pivotal member of an organized democracy, and wields great power. Statements made by a Circuit Judge, however innocuous and inconsequential, may have a chilling effect on those who may otherwise enter the cause in some Executive capacity. 14. Further, excess statements made to the press are outside of the permitted realm of informative press statements. 15. Petitioner states that an objective, reasonable person could conclude that this conduct amounts to a specific prejudice against their position. Petitioner believes that Judge Greer has prejudged this case. WHEREFORE, Petitioner Robert Schindler respectfully requests Judge George Greer disqualify himself from presiding over any other proceedings in the above- captioned matter. Lawrence D. Crow, Esq. Larry Crow. P.A. Fla. Bar. 371361 SPN No. 01893975 1247 S. Pinellas Avenue Tarpon Springs, FL 34689 Phone: (727)945-1112 Fax: (727)945-9224 3 Fax page 4 CERTIFICATE OF SERVICE ______________________ I hereby certify that a copy of the foregoing has been furnished by Facsimile and U.S. Mail this 5th day of September 2003, to PATRICIA F. ANDERSON, ESQ., 447 Third Avenue North, Suite 405, St. Petersburg, FL 33701, by Facsimile and U.S. Mail to GEORGE J. FELOS, ESQ., Felos & Felos, 595 Main Street, Dunedin, FL 34689 and by to DEBORAH A. BUSHNELL, Attorney At Law, 204 Scotland Street, Dunedin, FL 34698; Lawrence D. Crow, Esq. Larry Crow. P.A. Fla. Bar. 371361 SPN No. 01893975 1247 S. Pinellas Avenue Tarpon Springs, FL 34689 Phone: (727)945-1112 Fax: (727)945-9224 4 Fax page 5 COMPOSITE EXHIBIT "a" St. Petersburg Times Governor has a suggestion in Schiavo case:[SOUTH PINELLAS Edition] WILLIAM R. LEVESQUE. St. Petersburg Times. St. Petersburg, Fla.: Aug 27, 2003. pg. 1.B Abstract (Article Summary) [George Greer] scheduled a Sept. 11 hearing at which the date for pulling Mrs. Schiavo's feeding tube will be selected. Once the tube is pulled, Mrs. Schiavo is expected to die in 10 to 14 days, according to doctors. Mrs. Schiavo's husband, Michael Schiavo, said [Jeb Bush] should stay out of the way. Mrs. Schiavo's parents, Bob and Mary Schindler, have battled Schiavo in the courts and say their daughter's condition might be improved with treatment. Court appointed doctors say her condition is irreversible. Full Text (578 words) Copyright Times Publishing Co. Aug 27, 2003 Gov. Jeb Bush entered the dispute over the life of brain-damaged Terri Schiavo on Tuesday, asking a circuit court judge to appoint a guardian to review her case before life-support is removed. Pinellas-Pasco Judge Greer wasn't swayed. He filed the governor's letter with other correspondence from the public in the case. I respect the governor's position," Greer said. "Beyond that, (his letter) is going in the court file." Bush's request came as Mrs. Schiavo is hospitalized for the second time in recent weeks battling a serious infection and pneumonia that her husband said may be life-threatening. I normally would not address a letter to a judge in a pending legal proceeding," Bush's letter said. "However, my office has received over 27,000 e-mails reflecting understandable concern for the well-being of Terri Schiavo." Given the high emotions of the case, a guardian needs to be appointed to provide the court with an unbiased view of what is in Mrs. Schiavo's best interests, Bush wrote. Later, Bush told reporters, "The rights of this woman, I think, should be taken into consideration." Greer said higher courts have mapped out how the case must proceed, and decisions by those courts don't call for further delay. Greer scheduled a Sept. 11 hearing at which the date for pulling Mrs. Schiavo's feeding tube will be selected. Once the tube is pulled, Mrs. Schiavo is expected to die in 10 to 14 days, according to doctors. Referring to the 27,000 e-mails, Greer said he wasn't engaged in a "popularity contest." I don't go out on the street and survey how I'm supposed to rule," he told reporters. Mrs. Schiavo's husband, Michael Schiavo, said Bush should stay out of the way. This case has been in litigation for five years, and all of a sudden Gov. Bush wants to be involved?" he said. "This isn't his concern, and he should stay out of it." http://pqasb.pqarchiver.com/sptimes/doc/389238911.html?MAC=52dfa3506d9cd3e846la7f74f3485b9&di... 09/04/03 Page 1 of 2 Fax page 6 Greer refused to grant an emergency request by Michael Schiavo's attorneys to allow the suspension of all of his wife's medical treatment. Mrs. Schiavo's medical condition has become an increased concern with her recent hospitalizations. During her first, she was treated for a urinary tract infection and a bleeding esophagus. Schiavo said his wife, hospitalized since Sunday night, would die without medical treatment. He said doctors have told him her prognosis is uncertain even with treatment. Mrs. Schiavo's parents, Bob and Mary Schindler, have battled Schiavo in the courts and say their daughter's condition might be improved with treatment. Court appointed doctors say her condition is irreversible. Pat Anderson, a lawyer representing the Schindlers, said she thought the governor's letter influenced Greer's decision against ending medical treatment. "He got the message loud and clear," Anderson said. "He didn't stop antibiotics." The Schindlers were visiting her at Morton Plant Hospital and were not immediately available for comment. "Terri's sleeping more than normal, she's more sluggish than normal, she feels warmer to the touch than normal. It's touch and go, frankly," Anderson said. Mrs. Schiavo collapsed and her heart stopped at age 26 in 1990 from what her doctors believed was a potassium imbalance. Her husband said that Mrs. Schiavo would not want to have her life extended by artificial means given her brain damage, and Greer ruled in 2000 after a trial that life support should be removed. - Times staff writer Steve Bousquet contributed to this report, which also contains information from the Associated Press. [Illustration] Caption: Michael Schiavo; Photo: PHOTO, Associated Press Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission. People: Bush, Jeb, Schiavo, Terri, Greer, George, Schiavo, Michael, Anderson, Pat Author(s): WILLIAM R. LEVESQUE Dateline: CLEARWATER Publication title: St. Petersburg Times. St. Petersburg, Fla.: Aug 27, 2003. pg. 1.B Source Type: Newspaper ProQuest document ID: 389238911 Text Word Count 578 http://pqasb.pqarchiver.com/sptimes/doc/389238911.html?MAC=52dfa3506d9cd3e846la7f74f3485b9&di... 09/04/03 Page 2 of 2 Fax page 7 THE TAMPA TRIBUNE ONLINE EDITION Thursday, September 4 Search results Judge Denies Bush's Request to Rehash Terri Schiavo Case August 27, 2003 Section: NATION/WORLD Page: 1 DAVID SOMMERdsommer@tampatrib.com Memo: Reporter David Sommer can be reached at (727) 799-7413 CLEARWATER - A judge on Tuesday quickly rejected Gov. Jeb Bush's request for a fresh look at whether Terri Schiavo's feeding tube should be removed. "I read [the request from Bush] because it came from the governor and I respect his position," Pinellas-Pasco Circuit Judge George Greer said. "Beyond that, it is going in the file." Greer received a letter from Bush asking that he appoint an independent guardian to investigate whether Schiavo would want to be taken off life support. Schiavo's husband, Michael, and her parents have been battling for years over whether she should be allowed to die. The 39-year-old woman has been in a comalike state since suffering heart failure in 1990. "This case represents the disturbing result of a severe family disagreement in extremely trying circumstances," Bush wrote to Greer. "Emotions are high, accusations abound, and at the heart of this public and private maelstrom is a young woman incapable of speaking for herself." But appeals courts have already looked at the guardian issue and decided that Greer fulfills that role, the judge said Tuesday. Also, Greer said, he is under specific orders from the 2nd District Court of Appeal to schedule the removal of Schiavo's feeding tube. In his letter, Bush said he realizes he has no role in the process of deciding whether Schiavo would want to be kept alive with no realistic chance of improvement. But after receiving more than 27,000 pieces of e-mail, "I feel compelled to write." the governor said. Greer said he is treating the governor's letter like the many others he has received and will place it in the case file. http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0FD3D8650249720B&p_docnum=... 09/04/03 Page 1 of 2 Fax page 8 Greer also summarily rejected Michael Schiavo's request to discontinue medical treatment for a severe infection that resulting in his wife's hospitalization this week. In the three years Greer has been holding trials and hearings on Michael Schiavo's request for permission to remove his wife's feeding tube, the issue of withholding medical care for any illnesses Terri Schiavo might suffer has not come up, the judge said. The issue would require another trial, the judge said. Michael Schiavo said Bush's letter was inappropriate. "The governor has deliberately twisted the facts in this case in an apparent effort to kowtow to his "right-to-life" political supporters," Michael Schiavo said. "This has nothing to do with him. He should stay out of it." Michael Schiavo said his in-laws, Bob and Mary Schindler, orchestrated a campaign to send e-mail to the governor through a Web site that also raises money from right-to-life supporters. He accused the Schindlers of using his wife's Catholic faith to their own ends. "Suddenly, they are on the religious kick. They never went to church a day in their lives," he said. "I believe in God and so did Terri, but they are out to push it on people." Bob Schindler said his son-in-law is forgetting he and his wife sent Terri and her siblings to Catholic schools and that the Schiavo wedding was performed by a priest. "It [Michael Schiavo's comment' is really upsetting to my wife because she is a better Catholic than I am," he said. The Web site has drawn a good response, Schindler said. Any donations it generates are going to family attorney Pat Anderson, who had been working for free, he said. In a third development Tuesday, Greer denied Michael Schiavo's request for an immediate hearing to set a date for removing his wife's feeding tube. That matter will be handled at a hearing previously scheduled for Sept. 11 to decide whether Michael Schiavo can ban a priest from visiting his wife, the judge said. Michael Schiavo's attorney said that Terri Schiavo's right to die has been thoroughly litigated and that it is time for the courts to call a halt to endless delay tactics on the part of the Schindlers. "There ought to be a prompt hearing, and there ought to be a prompt decision," attorney George Felos said. Cutline: (2) Gov. Bush, left, says an outpouring of e-mail prompting him to ask Judge George Greer, right, to re-examine whether Terri Schiavo's feeding tube should be removed. All content � 2000 The Tampa Tribune and may not be republished without permission. ... http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0FD3D8650249720B&p_docnum=... 09/04/03 Page 2 of 2 Fax Page 09 IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION IN RE: THE GUARDIANSHIP OF File No. 90-2908GD-003 THERESA MARIE SCHIAVO, Incapacitated. ______________________________/ AFFIDAVIT _________ BEFORE ME the undersigned authority appeared LARRY CROW, who being first duly sworn deposes and says: 1. On approximately September 3, 2003, the undersigned spoke to John Carassas concerning intervention in the Terri Schiavo case. The undersigned was told that the Attorney General would not enter the case. 2. Further, Carassas told the undersigned that he had talked to Judge Greer recently and that Judge Greer told him that he was incensed by Jeb Bush's letter to the Judge about the case and if Jeb was a lawyer that he could be grieved. 3. This Affidavit is made in good faith. FURTHER AFFIANT SAYETH NAUGHT. Larry Crow Fax page 10 SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th day of September 2003, by Larry Crow, who is personally known to me and who did not take an oath. Notary Public, State of Florida Fax page 11 STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared PATRICIA FIELDS ANDERSON, ESQ. who being first duly sworn deposes and says: 1. My name is Patricia Fields Anderson, I am over the age of 18 years of age, and otherwise sui juris. I make this affidavit on personal information. 2. I am counsel of record in the Guardianship of Theresa Marie Schiavo, now pending before Hon. George Greer in Pinellas County. In that case I represent Robert and Mary Schindler, parents of the ward. 3. Late last week, I obtained affidavits from three former caregivers of the ward, when she resided in local nursing homes. Two of those affidavits - Carla Sauer Iyer and Heidi Law - contain statements indicating that the ward's husband/guardian, Michael Schiavo, may have made overt attempts on his wife's life when she was residing in Palm Gardens nursing home before being placed in Hospice Woodside, where she now resides. 4. Over the Labor Day weekend just past, on Friday, August 29, 2003, Page 1 of 6 Fax page 12 the ward was once again discharged from Morton Plant Hospital. Previously she had been discharged from Morton Plant on August 21 and re-admitted on August 24 in a septic condition with a high fever. Obviously, she was not well enough for discharge on August 21, but Mr. Schiavo ordered it. Then, on Monday, August 25, with the ward re-admitted to the hospital with sepsis - a description given by Mr. Schiavo's counsel, George Felos, Esq. Mr. Schiavo filed an emergency motion to discontinue treatment for her. 5. On Tuesday morning, August 26, 2003, at approximately 9 a.m., my office received a phone call from Judge Greer's judicial assistant, clearing a time for a telephonic hearing for 1 p.m. later that day to set a time to hear Mr. Schiavo's emergency motion. At about 9:30 a.m., my office received a telefaxed letter, signed by Governor Jeb Bush, to Judge Greer requesting that Judge Greer appoint a guardian ad litem in the case. 6. During the 1 p.m. telephonic hearing, Judge Greer ruled that the matter of discontinuing medical treatment for the ward was not appropriately presented to the court by motion but should be presented by formal petition, with the attendant formal notice. Thus, Judge Greer, in effect, Page 2 of 6 Fax page 13 rebuffed Mr. Schiavo's request not to treat the ward's medical condition, but Mr. Schiavo had made plain his intention that he wanted his wife to die right away. I know that reporters for the local media were present in Judge Greer's chambers during the telephonic hearing. 7. Both the Tampa Tribune and the St. Petersburg Times printed stories about the Governor's letter the following day, Wednesday, August 27, 2003. Both of those news stories attributed similar statements to Judge Greer that he did not make during the telephonic hearing. One of the statements attributed to Judge Greer was that he was "not inclined" to appoint a guardian ad litem for the ward, a matter of grave concern to me and my clients and a matter presently pending before Judge Greer A copy of the transcript of the telephonic hearing is attached hereto and incorporated herein. 8. In reading the newspaper stories, because of the similarity of the statements attributed to Judge Greer in both of the newspapers, it was apparent to me that Judge Greer must have made comments about the case after the conclusion of the hearing and while the reporters were still present. It is my firm conviction that Judge Greer, in effect, held an impromptu press conference about a case pending before him. Page 3 of 6 Fax page 14 without counsel for the parties being present. 9. Meantime, with yet another discharge of the ward from the hospital at mid-day on Friday, August 29, 2003, it appeared to me that Mr. Schiavo was attempting an end-run around Judge Greer's order to continue treatment. I immediately began making preparations to file a federal complaint in the United States District Court in Tampa to get emergency relief over the Labor Day weekend. 10. In the early morning hours of Saturday, August 30, 2003, some twelve hours or so after her last discharge from Morton Plant Hospital, Hospice Woodside called an ambulance to take the ward back to Morton Plant Hospital. According to her brother, who had spent Friday night with the ward at Hospice, the ward had had an hour-long coughing and choking spell and her blood oxygen levels were low. 11. Later that morning, the ward was returned to Hospice Woodside on Saturday, August 30. At 10:30 a.m. that same day I filed a complaint and motion for temporary restraining order with the United States District Court in Tampa, at that time unaware of the ward's precise whereabouts or condition. I still have no information about why the ward was not admitted as an in-patient on Saturday, August 30 or Page 4 of 6 Fax page15 what treatment, if any, was administered to her by Morton Plant Hospital as an out-patient. 12. On Sunday morning, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances. 13. During that conversation, Sheriff Rice told me that he had attended a ball game the night before with Judge Greer and that Judge Greer had told him that if Governor Jeb Bush were a lawyer, the letter the Governor had sent to Judge Greer the preceding Tuesday would be an improper attempt at ex parte communication and would be reportable to the Bar. I concluded from this remark that Judge Greer was speaking about the case to others without counsel for the parties being present. 14. On Thursday, September 4, 2003, in conversation with Larry Crow, Esq., co-counsel for Mr. and Mrs. Schindler on this case, I learned that Judge Greer had made a virtually identical statement to Deputy Page 5 of 6 Fax page 16 Attorney General in the Tampa office of the Florida Attorney General, namely, that were Governor Bush a lawyer, his letter to the judge was a grievable offense under Florida Bar rules. 15. Inasmuch as the Court's failure to appoint an independent guardian for the ward is of great and immediate concern to me and the subject of a pending motion before Judge Greer, I fear that Judge Greer has pre- judged this issue, as indicated by his statements to the reporters, to the Sheriff, and to the Deputy Attorney General. I further believe that Judge Greer is repeatedly speaking about this case to others, out of the presence of counsel for the parties. FURTHER AFFIANT SAYETH NAUGHT. Patricia Fields Anderson, Esq., Affiant SWORN TO AND SUBSCRIBED before me this 5th day of September, 2003 by Patricia Fields Anderson, who is personally known to me and who did take an oath. Notary Public My Commission expires: Page 6 of 6 Fax page 17 STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared Robert Schindler, Sr., who being first duly sworn deposes and says: 1. My name is Robert Schindler, Sr., I am over the age of 18 years, and make this statement on personal information. I am the father of Theresa Marie Schiavo. 2. I have reviewed the motion for disqualification of Hon. George Greer from the guardianship case of my daughter and, also, the affidavit of Patricia Anderson supporting that motion. 3. I am very concerned that Judge Greer is talking about my daughter's case to people not connected to the case, including the press. 4. Considering what I have learned about Judge Greer's out-of-court statements to the press and others, I have a reasonable fear that I will not receive a fair and impartial hearing in this matter from him. 5. I have authorized my attorneys to file a motion to disqualify Judge Greer, and this motion is filed in good faith and not for any purpose of delay or the like. Page 1 of 2 Fax page 18 FURTHER AFFIANT SAYETH NAUGHT. Robert Schindler, Sr., Affiant SWORN TO AND SUBSCRIBED BEFORE ME this 5th day of September, 2003 by Robert Schindler, Sr., who is personally known to me and who did take an oath. Page 2 of 2 Fax page 19 Refs: http://www.terrisfight.org/ http://www.friendsofterri.org/ http://bellsouthpwp.net/p/c/pc93/FedCourtDktCaseNo8_03-cv-1860-T-26TGW.txt http://webpages.charter.net/honeygrl/terri_schindler.asf http://pub162.ezboard.com/flacipetersonmurderforumfrm30 -----------------------------------------------------------------