Author Topic: Former Florida Governor Jeb Bush Did The Right Thing  (Read 66 times)

Offline JTetstone

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Former Florida Governor Jeb Bush Did The Right Thing
« on: February 09, 2021, 10:10:11 PM »
Former Florida Governor Jeb Bush Did The Right Thing
February 9, 2021
By Jan Tetstone / Heartsongjt@gmail.com

Twenty-six year old, Theresa "Terry" Schiavo suffered a brain injury due to oxygen depravation in 1990 under questionable circumstances. After  her husband, Michael Schiavo, failed to end her life by denying her medical treatment for UTIs in 1993 , he petitioned the court to remove her feeding tube in 1998;  five years after receiving [1993]  $ 2 million from the medical malpractice lawsuit he filed on his wife's behalf in 1992, and five years after meeting Jodi Centonze, the woman he married less than a year after Theresa Schiavo's forced death in March 2005. Theresa's parents, Robert "Bob" and Mary Schindler, along with Theresa's siblings  sought therapy and rehabilitation for her based on claims by some medical professionals that she could partially recover with additional care.

According to Attorney David Gibbs, III, [the Schindlers attorney] :
Schiavo, as the legal guardian, has cut off all therapy for many years, beginning in 1992.

You might be wondering how I know how alive Terri is. Well,I have had the opportunity to walk into her room and look at her. There is something else quite distinctive in this case that the court has had the opportunity to review. There have been videotapes of Terri made available to the court. However, Terri Schiavo has never had the opportunity to appear in the courtroom herself while her fate was being determined.

Note: Terry Schiavo was not in court during the  malpractice trial. The fact is. no judge ever lay eyes on Theresa "Terry" Schiavo, in or out of a courtroom.

In 2003, Governor Jeb Bush was bombarded with letters and e-mail correspondence from individuals [like myself] and groups like those for the disabled seeking to keep Terri  Schiavo alive. In one brief, Gov. Bush argued that Mrs. Schiavo should undergo tests to see if she can swallow food and water on her own before being forced to die.

After her death, Theresa Schiavo's body was taken to the Office of the District 6 Medical Examiner for Pinellas and Pasco counties, based in Largo, Fla. The autopsy occurred on April 1, 2005. It revealed extensive brain damage. The manner of death was certified as "undetermined". The autopsy was led by Chief Medical Examiner Jon R. Thogmartin, M.D. In addition to consultation with a neuropathologist (Stephen J. Nelson, M.D.), Dr. Thogmartin also arranged for specialized cardiac and genetic examinations to be made. The official autopsy report was released on June 15, 2005.

On February 25th 1990, according to available records, a 911 call was made at approximately 0540hrs. Both Mr. Schiavo and Bobby Schindler were present prior to the arrival of emergency responders. They both describe her as lying prone and breathing or at least the describe her as "making gurgling noises". According to her medical records, paramedics began treating Mrs. Schiavo at 0552hrs. The Pinellas County EMS report records her as supine in the hallway with no respiration and her initial cardiac rhythm was ventricular fibrillation. She was incubated within the first 5 minutes. During her resuscitation, she received dextrose solution, five 1 mg doses of epinephrine (1 by ET tube, 4IV). lidocaine, (bolus and drip), Narcan, dopamine and seven defibrillations. Although a pulse was documented at 632hrs, a measurable systolic blood pressure was not recorded until 0646hrs almost one hour after resuscitation was begun. Her time of arrival at Humana Hospital- Northside was 0646hrs. At 0701hrs, her blood was drawn and that sample showed hypokalemia (2.0 mmol/L , normal 3.5-5.0) one hour after her initial collapse and after over 30 minutes CPR. The results were available at 0725hrs and her doctors began potassium supplementation almost immediately resulting in a rapid rise of her potassium to 2.9 mmo/L by 0928hrs. Her potassium was measured at 2.6 mmo/L at 1212hrs, and, by 2145hrs, her potassium was within the normal range(3.6 mmo/L). ...

Her parents report that on the evening prior to her collapse they all consumed a large meal, and the circumstances of the evening activities would have made it difficult for Mrs. Schiavo to covertly purge the meal. Thus, it is reasonable to conclude that Mrs. Schiavo's potassium level of 2.0 mmo/L measured after a period of ventricular fibrillation, epinephrine, and fluid administration was an unreliable measure of her pre-arrest potassium level. Thus, the main piece of evidence supporting a diagnosis of Bulimia Nervosa is suspect or , at least, can be explained by her clinical condition at the time the blood was drawn. ... Although in the malpractice proceedings the low protein values were suggested as indicators of malnutrition, this is unlikely and not generally characteristic of Bulimia Nervosa.

Bush read the autopsy—then wrote a letter to the top prosecutor in Pinellas County. He raised questions about Michael Schiavo’s involvement in her collapse and about the quickness of his response calling 911. “I urge you,” the governor wrote to Bernie McCabe, “to take a fresh look at this case without any preconceptions as to the outcome.”

Based on what he refers to as "new information" contained in the Terri Schiavo autopsy report, Governor Bush has requested that our office take a "fresh look at the case" with no "preconceptions as to the outcome." Governor Bush's letter
noted that the autopsy had not determined the cause of Mrs. Schiavo's "original injuries" in 1990 and had in fact cast doubt on the explanation that had been the basis of the 1992 malpractice verdict. He also noted that in 1992, 2003 and 2005
Michael Schiavo had given a time for his wife's collapse that was 40 to 70 minutes prior to the time that his 911 call was received by emergency services. ... Our office has twice been asked to consider accusations against Michael Schiavo - once in 2003 based upon contact from Mr. and Mrs. Schindler and again at the request of the Governor's staff earlier this year - and found insufficient evidence of any prosecutable offense to justify a criminal investigation.  ... Dr. Thogmartin understandably concluded that currently available evidence was insufficient to either definitively rule out the existence of an eating or nutritional disorder or to conclude with reasonable certainty that it was the cause of her collapse. However, all experts in the 1992 proceedings - relying on all available contemporary records and witness recollections - opined that Terri suffered from an eating disorder and the jury unanimously agreed. ...  Terri's described condition and the fact that paramedics were able to resuscitate her despite the twelve minute interval between her collapse and their arrival are not inconsistent with the possibility of an opiate overdose.

Note: Dr. Thogmartin concluded, "Thus, it is reasonable to conclude that Mrs. Schiavo's potassium level of 2.0 mmo/L measured after a period of ventricular fibrillation, epinephrine, and fluid administration was an unreliable measure of her pre-arrest potassium level. Thus, the main piece of evidence supporting a diagnosis of Bulimia Nervosa is suspect or , at least, can be explained by her clinical condition at the time the blood was drawn. ... Although in the malpractice proceedings the low protein values were suggested as indicators of malnutrition, this is unlikely and not generally characteristic of Bulimia Nervosa."

St. Petersburg Police Report

Report Title: Call for assistance occurred Sunday February 25, 1990. TO: [blank] Call received: [blank] Dispatched: 02/25/1990 06:11 Arrived: 06:33 Completed:08:55

Incident Address: 12201 9th ST N Apt/Unit 2210 City: St. Petersburg State: Florida Zip: 33716 Census Tract: 0462 Zone:23 Dist: 2 Area: [blank]

The most important information on the police report:

**** This investigation was originally conducted by myself [Phillip R Brewer ] and then-probationary officer Rodney Tower. The date of the investigation was February 25, 1990. The report was typed and uploaded into the Police Information computer system by me at the end of that shift. The report was transferred to microfilm some time ago and is no longer stored in P.I.
Page 1                    ST Petersburg Police Department 90-024846

Similarly, no entry exists in the P.I. system that this report was ever generated or uploaded. The quality of the microfilm onto which the report was transferred has degenerated; the report can be read on the microfilm screen but it is largely unreadable in printed form. Due to the circumstances of this case. I have reproduced the report in it's entirety so the record can be preserved. This new entry is absolutely accurate as to the content of the narrative, which could be easily read on the microfilm screen. The captions are also easily readable on the microfilm screen and they, too, were reproduced accurately as to content. Only small, technical aspects of the captions are different because the report writing format has changed since 1990. The date and times listed in the first and last captions reflect the date and times recorded during the original investigation, not the date and times this report was reproduced, which was Wednesday , October 22, 2003. ...
Page 2                ST Petersburg Police Department 90-024846


Another important  thing about the 'reproduced' police report:  Officer Brewer's # 24914  is attached the officer's signature   approving the report.

"circumstances"

October 7, 2003 Governor Jeb Bush files a federal court brief in support of the Schindlers’ effort to stop the removal of the PEG tube.

October 10, 2003 Federal Court Judge Richard Lazzara rules that he lacks the jurisdiction to hear the federal case.

October 14, 2003 The 2nd DCA refuses to block Judge Greer’s order to remove the PEG tube.

October 15, 2003 Ms. Schiavo’s PEG tube is once removed.

October 17, 2003 The Florida Circuit Court in Pinellas County and the First District Court of Appeal refuse to grant a request by "supporters" of the Schindlers to direct Gov. Bush to intervene in the case.

October 19, 2003 The Advocacy Center for Persons with Disabilities, Inc. files a federal court lawsuit that claims that the removal of Ms. Schiavo’s PEG tube is abuse and neglect. Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, No. 8:03-CV-2167-T-23EAJ

October 20, 2003 The Florida House of Representatives passes a bill, “Terri’s Law,” that allows the governor to issue a “one-time stay in certain cases.” House Bill 35-E

October 21, 2003 The Florida Senate passes the bill; Governor Bush issues an executive order directing reinsertion of the PEG tube and appointing a guardian ad litem for Ms. Schiavo.
Executive Order Statements by Some House members
Michael Schiavo files a state-court lawsuit arguing that “Terri’s Law” is unconstitutional and seeking an injunction to stop the reinsertion of the PEG tube; the court requests briefs on the Constitutional arguments about “Terri’s Law.”  Schiavo Injunction Schiavo v. Bush. No. 03-008212-CI-20 (Cir. Ct. Pinellas County, Florida).
The federal court denies the motion for a temporary restraining order filed in the lawsuit of the Advocacy Center for Persons with Disabilities, Inc. Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, 2003 WL 23305833, 17 Fla. L. Weekly Fed. D 291 (M.D. Fla. Oct. 21, 2003). US District Court Order

Theresa "Terri"  Schiavo's feeding-tube is reinserted.

On October 22, 2003, "Due to the circumstances of this case. I have reproduced the report in it's entirety so the record can be preserved."

According to the official autopsy report , released on June 15, 2005:  Her time of arrival at Humana Hospital- Northside was 0646hrs.
 
According to Memo to State Attorney Bernie McCabe from Prosecutors Doug Crow and Bob Lewis, To: BMc  From: Doug Crow/Bob Lewis, Re: Governor's Request on Schiavo case, Date: June 27, 2005:

Without proof of criminal agency, there can be no hope of prosecution. Nor is there justification to use our investigative powers to perpetuate suspicion where, despite extended litigation and a detailed autopsy, we have no proof to suggest
that a crime has occurred. ... Time Discrepancies Concerning Terri's Collapse Absent proof that a crime has occurred, neither Michael Schiavo's credibility nor the consistency of his statements would become a critical and material concern.

Nonetheless, the discrepancy between his recollection of the time of the incident and the time that paramedics and police recorded receiving the call hardly constitutes new information. Schiavo testified in the 1992 malpractice deposition
and trial that he heard a noise around five a.m. and found his wife collapsed near the bathroom door. In a 2003 interview on Larry King Live he indicated this occurred at 4:30 a.m., a time he repeated in a recent interview with medical examiner Jon Thogmartin. Schiavo has consistently said he called for emergency  help immediately after finding his wife and that fire rescue arrived within a few minutes of the call. To our knowledge he was never asked about or confronted with the difference between his estimation of the time and the records indicating the fire rescue was called at 5:40 and began resuscitation efforts at 5:52. ... 
While some questions may remain following the autopsy, the likelihood of finding evidence that criminal acts were responsible for her collapse is not one of them.  ...you urged that this inquiry be conducted without any preconceptions as to the outcome. We have attempted to follow this sound advice, unlike some pundits, some "experts," some e-mail and Web-based correspondents, and even some institutions of government that have, in my view, reached conclusions regarding the controversy surrounding Mrs. Schiavo based upon such preconceptions and/or misinformation.

Enclosed with this letter is a Memorandum which describes the review and analysis that was conducted by two of the most experienced and capable prosecutors in this office. I have separately reviewed this Memorandum and the thorough, professional Report of Autopsy provided by Dr. Throgmartin. As a result, I fully concur with the conclusions contained in the Memorandum.            - Letter dated June 30, 2005, to Governor Jeb Bush, from  Bernie McCabe, State Attorney, Sixth Judicial Circuit

What happened, Michael, on February 25, 1990?

Mike Schiavo vividly remembers the morning of Feb. 25. Usually a late sleeper, Schiavo awakened suddenly about 5 a.m. and started to get out of bed.
"For some strange reason that day, I was just taking the covers off, and then she hit the floor," he said.

Schiavo's 26-year-old wife, Terri, had suddenly _ and as yet inexplicably _ suffered a loss of potassium in her body that caused her heart to stop beating. She was rushed to the hospital. https://www.tampabay.com/archive/2005/03/24/15-years-ago-terri-schiavo-s-last-hope/

CNN LARRY KING LIVE Interview With Michael Schiavo   Aired October 27, 2003 - 21:00 ET :

KING: Let's go back. What happened, Michael, on February 25, 1990?
SCHIAVO: I work late at night. I used to run -- manage restaurants. I came home around 2:00 in the morning, climbed into bed.
KING: No children?
SCHIAVO: No children. Terri and I were trying to have children. We were back and forth to a doctor for a year or so, trying to find out why we weren't getting pregnant.
Climbed into bed. Terri said good night to me. Gave me a kiss. She woke up, said good night, gave me a kiss. I gave her a kiss back. I'd say, about 4:30 in the morning, I was, for some reason, getting out of bed and I heard a thud in the hall. I race out there and Terri was laying in the hall. I went down to get her. I thought, Well, maybe she just tripped or whatever. I rolled her over and she was lifeless. And it almost seems like she had this last breath.

So I held her in my arms, and I'm trying to shake her up. I ran over, I called 911. Her brother happened to live in the same complex as we did. I called him. I went back to Terri. And from there, six, seven minutes later, the paramedics...


Did Michael Schiavo Wait Too Long To Call 911 the Night His Wife Collapsed?

This is the question Governor Jeb Bush now wants answered in the continuing saga of the Terri Schiavo case. Bush is calling for an investigation into whether there was a 70-minute delay between when Michael Schiavo first heard a "bump" in the early morning of February 25, 1990 and when he eventually called 911.

  “And I think it’s important for people to understand what Jeb Bush is willing to do. It’s important for people to know who Jeb Bush is, and the Terri Schiavo case tells us a great deal about who Jeb Bush is.” -Jon Eisenberg

Today, looking back, what makes Felos, the attorney for Michael Schiavo, angriest about the case is Bush’s letter to McCabe. Even after 18 months of legal wrangling, even after her death, even after the autopsy—after all that—the governor asked a prosecutor to initiate a retroactive criminal investigation of his client. It struck Felos as “odd,” “bizarre”—“personal.”

It strikes an 'odd'  note with this author that  George J. Felos, Jon Eisenberg, and other anti-Bush folks are still in the dark -as to why Governor Jeb Bush took the legal-path he took in the Theresa Schiavo case.

Senator Wise (Jacksonville) hit the problem on the head when he said, "The Schiavo case is he- said, she-said, who-said - and she's not able to talk...''


Never let another set the value of your self-worth. Strive to be the best of who you are.  Believing in your self is the key to reaching your dream. love and peace,  jt