Thursday, April 21, 2005

The Schiavo Post-Mortem

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The University of Miami has released some interesting court papers related to the Terri Schiavo murder, although they are difficult to find, and even more difficult to sort out. The three papers are pdf files, and can be found at the following addresses:

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

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

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


If you click on these links, however, what may happen is you will given a “404 Error” screen, telling you the documents cannot be found, and offering a search screen. If you search “Schiavo DCF Abuse” on the U-Miami screen, however, these documents will then be presented and available. I don’t know why the link works that way, but it did for me.

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

Here are the essentials:

BASELESS CLAIMS
1. Michael Schiavo accused the Schindlers of exploiting Terri, by making a video of her at the hospice for the purpose of selling it at $100 per copy. Investigation revealed there were four videos, there made in the normal process of doctors’ evaluations (brought by the Schindlers, not by the hospice of Michael Schiavo, who have produced no public records from any evaluations by medical doctors on their contentions) , and a video extracted from old film. The videos were available for free, although the Schindlers accepted donations to provide a legal defense for Terri.
2. The Schindlers accused Michael Schiavo of causing bone fractures. Examination by doctors revealed the fractures were consistent with compression fractures caused by degenerative bone loss from long periods without exercise.

UNRESOLVED CLAIMS
1. The Schindlers accused Michael of withholding food and/or water, even when the feeding tube was in place. The hospice has claimed they investigated, but did not categorically confirm or deny the allegations
2. The Schindlers claimed that on five separate occasions, Michael visited Terri and demanded he be left alone with her, after which time Terri was sick, which the Schindlers claim was caused by something Michael did. The hospice never addressed this specific 2003 allegation.
3. A nurse from the hospice has claimed that Michael Schiavo repeatedly demanded to know “Is the b---h ever going to die?” and similar statements. The hospice stated there was no support for these claims, but did not formally interview the relevant staff or ask for corroborating evidence from any source.
4. The Schindlers claimed that Terri was, in fact, responsive to her surroundings. The hospice denied this claim, but admitted that she did open and close her eyes, move at times, and made sounds.


SUPPORTED CLAIMS
1. The Schindlers claimed that Michael Schiavo was not paying for Terri’s care. The hospice did not directly address the question of whether Terri’s bills were being paid (claiming the financial matters were being handled by courts), but on several occasions confirmed that Michael Schiavo was not responsible for payments to the hospice.
2. The Schindlers claim that Terri lost teeth on at least two occasions, due to neglect. The hospice denied any neglect, but admitted several teeth were “darkened”, and admitted the tooth loss on two occasions.
3. The Schindlers claimed Terri had an untreated yeast infection, and that Terri had not had a GYN exam while at the hospice. The hospice did not respond to the yeast infection allegation, but admitted that Terri Schiavo never had a GYN exam while at the hospice.
4. The Schindlers claimed Michael Schiavo controlled access to Terri, and restricted or prohibited family visits. The hospice admitted this was correct.
5. The Schindlers claimed that Michael Schiavo had demanded that Terri not be given antibiotics for infections. The hospice did not address the question of whether thy had denied Terri antibiotics, but admitted that on 2 previous occasions at other hospices, Michael had demanded antibiotics not be given to Terri, and had been told that antibiotics would be administered in treatment of infection, and if he did not like it, he could move Terri to another hospice, which is what happened.
6. The Schindlers claimed Terri had bed sores from neglect. The hospice denied neglect, but admitted treating Terri for “stage two” bed sores.
7. The Schindlers claimed someone had injected Terri with an unknown substance. The hospice confirmed what appeared to be puncture marks on Terri’s arm, along with scratches on the other arm, and found a purple “needle cap” in the room which was not from the hospice. Strangely, the hospice interviewed Mrs. Schindler about the cap, but did not interview Michael Schiavo about the cap, although nurse reports indicate he was the last person alone with Terri before the puncture marks and needle cap were found.


STRANGE EVIDENCE
1. The hospice repeatedly claimed that Terri Schiavo was unable to feel pain, but admitted that on each occasion where the feeding tube was removed, “morphine, ativan, tylenol, and compazine” were all administered, which is only done to alleviate pain and suffering
2. The hospice noted that Michael Schiavo’s stated assets were $29,000 in October 1992, $139,000 in April 1996, and $776,000 in July 2002, after which time his financial assets were sealed by Judge Greer.
3. There were nine reports of “Collateral Communication” made as part of hospice investigations into allegations. Only two allegations, the exploitation claim made by Michael against the Schindlers and the police involvement in the unexplained injections, received any sort of follow-up or witness corroboration. In seven of nine cases, the hospice made no attempt to verify claims or obtain witness statements.


The details of relevant documents are noted here, in chronological order. Decide for yourself:

Page; Description; Details; Date (Y.MM.DD)

3.11 Abuse Report Hospice does not want to feed Mrs. Schiavo 1.04.25

3.11 Supplemental Information Report Tube feeding discontinued, hospice will not explain 1.04.26

3.12 Collateral Contacts No actions taken 04/26/2001 to 05/25/2001 1.05.25

3.13 Investigative Decision Summary Hospice admits it refused to attempt oral feeding. Hospice admits Terri opens her eyes and makes sounds, Hospice confirms Michael Schiavo controls Visitor List and took brother and sister off that list permanently 1.05.25

3.11 Additional Investigation Report Husband restricting family visits, denying antibiotic treatment 1.06.07

3.08 Abuse Report husband not spending any money on care 1.08.17

3.09 Collateral Contacts 3 followups, 1 with Social Services and 2 with staff 1.08.22

3.09 Investigative Decision Summary No indications, hospice notes payment issues are being handled by the court, no details cited, except to note the order to remove the feeding tube stayed until October 2001 1.08.22

3.05 Abuse Report 2 teeth are black from neglect. No GYN exam in years 1.11.07

3.06 Collateral Contacts No actions taken 11/07/2001 to 1/2/2002 2.01.02

3.06 Investigative Decision Summary Hospice admits Terry "reacts to external stimuli on a limited basis" Hospice concedes teeth are black, suggests silver filling is cause but claims "there are no indications that she needs dental work". 2.01.03

3.07 Investigative Decision Summary hospice confirms "filling may have fallen out" from teeth, but claims "it is not likely that she will suffer extensive tooth decay". Hospice admits there was an "abnormal discharge", but no GYN exam was performed. Hospice dismisses all other allegations as rising from "other issues relating to the guardian during the course of the investigation but they are the subject of court proceedings", admitting "these issues have not been investigated" 2.01.04

3.02 Allegation Detail Schiavo responsive, but lack of PT preventing improvement 3.08.19

3.02 Allegation Detail Husband denying antibiotics for infection, also denying fluids 3.08.19

3.03 Allegation Detail garbled, text unclear 3.08.20

3.03 Allegation Detail Theresa has penumonia, kidney stones, sebesis, hospice not treating for any of these conditions 3.08.29

3.03 Collateral Contacts 9 followups, no individuals identified 3.09.29

3.04 Investigative Decision Summary No evidence or information found, hospice admits Theresa making "grunting" sounds, eyes open at times closed at others, investigator cites lawyer for Michael and for hospice, but no medical doctors or nurses, although non-specific reference to "medical reports from the agency" are written. 3.10.08

2.05 Abuse Report Husband has forbidden anyone to feed Ms. Schiavo, accusation that Michael injected Ms. Schiavo with Insulin, claim that nurse heard Michael asked "Is the bitch ever going to die?" and "When will the bitch die because I will be rich?". Complaint 10/14/2003 3.10.14

2.12 Collateral Contacts No action taken, 10/14/2003 to 12/09/2003 3.10.14

2.05 Supplemental Information Report Complaint repeated, no new information 3.10.14

2.05 Supplemental Information Report "Supplemental report. No new information" 3.10.14

2.05 Supplemental Information Report Supplement. Same complaint 3.10.14

2.05 Supplemental Information Report Rehabilitative care concern. 3.10.14

2.05 Supplemental Information Report Claim that husband intends to have feeding tube removed. 3.10.14

2.05 Supplemental Information Report garbled, same complaint but portion unreadable because of document smudge 3.10.14

2.06 Supplemental Information Report Michael accused of refusing to allow his wife antibiotics. 3.10.14

2.06 Supplemental Information Report Claim repeated that Michael wants Terri dead, new fiance and child noted 3.10.14

2.06 Supplemental Information Report "Supplemental report. No new information" 3.10.14

2.06 Supplemental Information Report "Supplemental report. Same allegations" 3.10.14

2.06 Supplemental Information Report Parental visits prevented., Michael also attempting to have feeding tube removed. 3.10.14

2.06 Supplemental Information Report Feeding tube alleged to be removed, and/or moved to another hospital. Michael's intention to marry another woman commented 3.10.15

2.06 Supplemental Information Report Feeding tube alleged to be removed, remaining text garbled 3.10.15

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.15

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.15

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.15

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.15

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.15

2.07 Supplemental Information Report Feeding tube removed, family outraged 3.10.16

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.16

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.16

2.07 Supplemental Information Report Complaint repeated, no new information 3.10.16

2.07 Supplemental Information Report Text garbled 3.10.17

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.17

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.17

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.17

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.17

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.19

2.08 Supplemental Information Report Terri Schiavo assigned 'AKA', no details 3.10.21

2.08 Supplemental Information Report 6th day without food or water 3.10.21

2.08 Supplemental Information Report Complaint repeated, no new information 3.10.21

2.17 Abuse Report "She is becoming dehydrated because no one is allowed to wet her mouth with a wet cloth" 3.10.24

2.08 Supplemental Information Report No rehabilitation treatment of any kind since 1998' claimed 3.10.24

2.08 Supplemental Information Report Visit by a priest denied by Mr. Schiavo
3.10.28

2.09 Supplemental Information Report Feeding tube reinserted Oct 22, husband angry 3.11.01

2.09 Supplemental Information Report No new information 3.11.01

2.09 Supplemental Information Report Michael restricts visits, prohibits family, demanded 'DNR' order be placed on Terri's chart. Alleged to have opposed treating Terri for an infection. 3.11.01

2.09 Supplemental Information Report Alleged Michael injected Terri with Insulin 3.11.02

2.16 Abuse Report Parents allege that "five times after he [Michael] was in her room, he had the other staff members leave. Terry would get sick after he leave [sic] the room. It is believed that Terry's [sic] husband did something to cause her sickness. 3.11.03

2.16 Abuse Report "She has not received any dental treatment for the past 3 years" 3.11.03

2.17 Abuse Report "Mr. Schiavo has refused to treat Theresa's yeast infection" 3.11.03

2.09 Supplemental Information Report Complaint repeated, no new information 3.11.03

2.09 Supplemental Information Report Parents complain Ms. Schiavo's treatment is "fourteen to sixteen violations of Florida Statute regarding adults" 3.11.03

2.16 Abuse Report Off feeding tube for 48 hours+ 3.11.04

2.09 Supplemental Information Report Parents claim mention of "hand prints around her neck" 3.11.04

2.09 Supplemental Information Report Parents claim rehabilitation can improve medical treatment 3.11.04

2.10 Supplemental Information Report SSDI payments also going to Michael Schiavo 3.11.04

2.10 Supplemental Information Report Ms. Schiavo has been taken off food and water twice 3.11.05

2.10 Supplemental Information Report Hospice charges not paid by Schiavo, untreated urinary tract infection, bone scan indicates back problem, Schiavo refused treatment 3.11.05

2.10 Supplemental Information Report Hospice charges unpaid 3.11.05

2.10 Supplemental Information Report Complaint repeated, no new information 3.11.08

2.10 Supplemental Information Report Parents claim Michael Schiavo received $2 million from malpractice suit, but spent money only on lawyer to demand feeding tube be removed 3.11.12

2.11 Supplemental Information Report Move to Hospice was w/o Court knmowledge or approval 3.11.14

2.11 Supplemental Information Report Family prevented from visiting 3.11.17

2.16 Abuse Report No PT 3.11.18

2.11 Supplemental Information Report Complaint repeated, no new information 3.11.19

2.11 Supplemental Information Report Complaint repeated, no new information 3.11.20

2.01 Call History Abuse Report plus Supplemental Information Report, by Mr/Mrs Schindler 12/10/2003, update 01/02/2004 3.12.10

2.02 Collateral Contacts No Action 12/10/2003 - 01/02/2004 3.12.10

2.18 Collateral Contacts No action taken, 10/24/2003 to 12/10/2003 3.12.10

2.14 Contact Followup Summary shows for six major complaints, 2 contacts were made, no personal interviews or witness testimony of any kind, 12/10/2003 3.12.10

2.12 Investigative Decision Summary Financial Exploitation by husband alleged by parents, 3.12.11

2.13 Investigative Decision Summary Bone Scan reveals "Heterotrophic Ossification", degenerative bone loss, not uncommon for condition, no indication of abuse or trauma. Claims against spouse statements could not be verified, no witnesses, Dr. Gambone "stated that a routine dental exam and xrays would cause major distress to Mrs. Schiavo and would require extraordinary measures such as
sedation" 3.12.11

2.13 Investigative Decision Summary Dr. Gambone admits there have been no GYN exams at hospice 3.12.11

2.13 Investigative Decision Summary Hospice admits there were two incidents of Michael requesting no antibiotics be given to Ms. Schiavo in 1993 and 1996, implies that reason for move to Woodside was because Sabal Palms and Palm Gardens refused to deny medication. Report cites that in 1996, antibiotics were being given for an infection, that Michael demanded they stop treatment of the infect. The report then states "the facility refused to stop after the spouse requested it, and if he did not agree he could relocate the patient", which is what happened. 3.12.11

2.13 Investigative Decision Summary Hospice admits no evaluation for possible PT since 1998 3.12.11

2.13 Investigative Decision Summary Report notes that Michael Schiavo had stated assets of $29,000 in Oct 1992, $139,000 in Apr 1996, $776,254.69 in Jul 2002 after which the information was sealed by Judge Greer 3.12.11

2.19 Abuse Report Hospice report acknowledges feeding tube removal order signed by Greer on 2/11/2000, which establishes context for all future hospice decisions. Confirms additional orders by Greer on 9/17/2003, orders wriiten by Doctor Gambone on 10/15/2003 Hospice admits administering "morphine, ativan, tylenol, and compazine" when the feeding tube was removed. Governor Bush ordered Schiavo's tube reinserted on 10/21/2003, patient moved to Morton Plant hospital, indicating hospice was not willing to perform the reinsertion. Hospice confirms that Michael Schiavo controlled visitor access, and had prevented the family from visiting on "occasions". Hospice admits Schiavo has "round the clock police protection", both at her room and at the entrance to the facility. 3.12.12

3.01 Abuse Report Findings denied any evidence of abuse. 3.12.12

2.11 Supplemental Information Report Complaint repeated, no new information 4.01.02

2.11 Supplemental Information Report Complaint repeated, no new information 4.01.02

2.11 Supplemental Information Report Complaint repeated, no new information 4.01.02

2.02 Investigative Decision Summary Parents complained Ms. Schiavo has untreated infection, response by hospice based completely on Michael Schiavo's claim that there is no infection. 4.01.27

1.09 Allegation Detail Tooth missing, no explanation by staff. No PT, no social stimulation 03/27/2004 4.03.27

1.10 Allegation Detail Bed sore, security guard observing parents when they visit, no bathing complaint 03/27/2004 4.03.27

1.10 Allegation Detail Debubitus ulcer on buttocks, no PT, parents denied access 03/27/2004 4.03.27

1.10 Allegation Detail Bedsores on buttocks, no bathing, insufficient food and water complaint 03/27/2004 4.03.27

1.09 Call History 12 calls, Abuse Report plus 5 Additional Information Reports and 6 Supplemental Information Reports, dates range from 03/27/2004 to 04/20/2004 4.03.27

1.09 Allegation Detail Bed Sore, no bathing complaint 03/28/2004 4.03.28

1.10 Allegation Detail Missing a tooth, no explanation, in room 24 hrs/day, unexplained vomiting, ulcer on buttocks 03/29/2004 4.03.29

1.10 Allegation Detail Red marks, appear to be puncture wounds on arm, appear to be needle marks, needle cap found not related to facility complaint 03/30/2004 4.03.30

1.10 Allegation Detail Unexplained puncture marks on arm, complaint 03/30/2004 4.03.30

1.10 Allegation Detail Second tooth lost, untreated bed sores, unexplained needle marks on arm complaint 03/30/2004 4.03.30

1.11 Allegation Detail Complaint about general lack of care 04/02/2004 4.04.02

1.06 Call History Abuse Reported to Hospice 4/02/04 by Michael Schiavo 4.04.02

1.05 Prior Report History no details 4.04.02

1.11 Allegation Detail Ms. Schiavo "being killed by a lack of correct justice" 04/03/2004 4.04.03

1.11 Allegation Detail Unexplained facial injury, no explanation 04/03/2004 4.04.03

1.12 Collateral Contacts No action taken 05/11/2004 4.05.11

1.12 Investigation Completed 05/11/2004 Seven prior cases of alleged maltreatment, including claims of inadequate food, ,edical neglect, physical injury, asphyxiation/suffocation/drowning, bone fracture, inappropriate/excessive isolation, mental and/or physiological injury, confinement, bizarre punishment, malnutrition/dehydration, exploitation; concurrent exploitation claim against parents under investigation 4.05.11

1.12 Investigation Completed 05/11/2004 Stage Two decubitus ulcer confirmed 4.05.11

1.12 Investigation Completed 05/11/2004 New bed purchased (tacit admission of neglect) 4.05.11

1.12 Investigation Completed 05/11/2004 Small red dots on upper left arm, outer aspect confirmed 4.05.11

1.12 Investigation Completed 05/11/2004 scratches to right forearm, inner aspect confirmed 4.05.11

1.12 Investigation Completed 05/11/2004 new bed raises head when feeding tube in place (tacit admission former bed left patient flat) 4.05.11

1.12 Investigation Completed 05/11/2004 Purple needle cap confirmed, no explanation, police contacted 4.05.11

1.12 Investigation Completed 05/11/2004 Police contacted regarding needle marks and arm scratches 4.05.11

1.12 Investigation Completed 05/11/2004 CNA Reported feeding tube "pulled tight across and down her side" no explanation 4.05.11

1.12 Investigation Completed 05/11/2004 "Crimes against Persons" unit assigned by police to investigate 4.05.11

1.13 Investigation Completed 05/11/2004 Police interviewed mother, because she had a purse when she visited Schiavo. However, mother was never alone with Schiavo. Michael, who is left alone with Ms. Schiavo, and who controls the Approved Visitor list, was not interviewed by police on this matter. 4.05.11

1.08 Abuse Report Discovered video was free, contributions accepted. Vidoe is 4 minutes, and is excerpted from previous videos, videos taken by Doctors (Maxfield, Hamnesfahr, Crawford), no money went to the Schindlers. Complaint dismissed 4.05.25

1.08 Abuse Report Michael claimed that Schindlers were advertising through a 10-page solicitation letter on a website, the sale of a video of Terri Schiavo for $100 a copy, for the purpose of raising money for Terri's legal defense 4.05.25

1.07 Collateral Contacts No action taken 5/25/2004 4.05.25

1.07 Investigation Completed 05/25/2004 Clearwater Police providing 24 hour supervision outside room 4.05.25



(hat tip to Paul Deignan, who pointed out the pdf reports)

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