Cobb

"What kills me about this is the idea of family coming to watch her once a month for several hours while she blinks at them."~COBB

So true Cobb. I feel bad for the husband who wants this to end. I hope he is able to move on with his life anyway. Cases like this are the reason people find themselves saying out loud to family and friends,

"Dont let me hang on, please pull the plug."

Coverup by Florida AHCA forces Schoch to issue Public Writ of Mandamus

(PRBot.Com) August 31, 2004

James D. Boyd
Inspector General of AHCA
2727 Mahan Drive
Tallahassee, FL 32308-5403

Re: All information, CCR#s, and yet to be assigned CCR#s contained and referred to in CIG#200406030002 and AHCA Tracking #05-003, etc., other cases yet to be generated and your duties to set Theresa Schindler Schiavo on the road to her recovery (much can be found in the enclosed mini compact disc)

Dear Mr. Boyd:

Thank you for your letter of August 13, 2004 regarding my August 9, 2004 e-mail requesting public records and copies of various agency documents. In your response you write “…the issues raised in your June 3 letter and July 20 e-mail did not show evidence of possible violations of statutes, policy or procedure that could constitute misconduct or wrongdoing on the part of agency staff…” to which I make the following statement and request:

I demand as a United States citizen and a Florida resident sufficient corrective actions, remedies, redress, relief, etc. to what I perceive and know to be illegal actions of AHCA, facilities, etc. I hereby request AHCA and any other government agency or entity, local, county, state or federal invested with investigative, enforcement and prosecutorial powers who may be reading this, or others of whom it is within their purview of being able to contact said powers, etc. to do their jobs of investigating, enforcing or assisting in getting the laws enforced in regards to valid allegations of acts of felony neglect and attempted murder, etc. perpetrated against the person of Theresa Schindler Schiavo.

While it is my duty (when it has come to my knowledge) as a resident of the State of Florida and a United States Citizen to report abuses, neglect or exploitations against vulnerable people who can’t speak for themselves it is NOT my job to site book and page. One would think that the competency level of all persons in agencies serving the public who by statute are to receive, properly review and survey complaints for violations of statutes, criminal violations, disregard for policies and procedures that are in fact evidence of misconduct or wrongdoing on the part of agency staff and facilities, persons, etc. would be much higher then heretofore displayed.

I have provided, while perhaps to some seemingly disconnected or incongruent, sufficient, overall and comprehensive evidence to illuminate within the average persons mind and their reasonable ability to piece together and comprehend pertinent data, more than enough evidences of illegal conduct, which point to statute violations on the part of agency staff and facilities, etc. and it has become painfully clear that people in your and other agencies are spending more time sending not just me, but most complainants, relating to the matters presented, far afield from the matter at hand, of which there is or are:

• Non-delivery of all 15 retained rights of this incapacitated person pursuant to Florida Statute 744.3215(1)(a-o) both individually and collectively as a whole

• State licensed facilities bowing to the abuse of power by the guardian, his attorneys, local law enforcement, the state attorneys office, and other public officials to facilitate and further the denial and withholding of this citizens statutory and constitutional retained rights

• Illegal acts and or omissions by many supervisory level personnel in many agencies and facilities, in non-fulfillment of their duty by those personnel pursuant to Florida Statute 415.1034 mandatory reporting to invoke and call upon protections under the whistleblowers act when their employment is threatened. Such and other failures are enabling, promoting and facilitating what appears to be an overall agenda of their various supervisors (and others) who indirectly and/or directly are working collectively (knowingly or unknowingly) pursuant to a directed agenda by the recently exposed many in positions of public trust

In light of the fact that AHCA Complaint Administration Unit intake operator Justina told me that they “didn’t want to hear about what particular statute violations were occurring as it is the AHCA’s job to know these things”, and as I have stated above it is not my job to point out the specific violations of statutes, policy, or procedure that could constitute misconduct or wrongdoing on the part of agency staff, facilities, etc. (your words in bold), it should be obvious to you that while I am perfectly capable of seeing and reporting specific violations I was being told not to do this by the Complaint Administration Unit intake personnel. Now I am being told by you to the contrary that I must do your jobs. This in and of itself is evidence of an agency and a system that continues to notoriously exhibit incompetence in this matter, and only proves a limited ability to send the very people who you serve, on endless tail-chases and endless non-productive rabbit trails.

While all of this energy is expended, the primary matter at hand, the FS825.102 and FS825.103 abuse, neglect and exploitation of Theresa Marie Schiavo continues at the liable hands of all agencies, various personnel and public officials, etc. to the detriment of not only her but all vulnerable adults, elderly and disabled persons throughout the State of Florida by the acts and omissions of every one of these negligent persons who are entrusted with the Public’s Trust.

BE IT KNOWN, that everyone is officially on notice, that to continue to obey these illegal and subversive directives, of persons who wish to continue to further the obvious and blatant efforts to intentionally cause the death of this very conscious, self-aware, cognitive, disabled and vulnerable adult (who has been actively prevented from getting better) as defined by Florida Statute 415, 744, 825, 400, 782, the ADA Act, and CFR42 rises to the level of felony crimes and is unlawful, collectively, pursuant to Florida Statute 876.22 through FS876.31 known as the Subversive Activities Act, in that the collective efforts, whether knowingly or unknowingly, of all the involved including medical professionals, public servants, facilities, guardians, caregivers, and others, is ultimately resulting in the destruction of all that we as free citizens enjoy as our constitutional protections, which are there to guarantee our inalienable right to life, liberty to that life, and the pursuit of happiness through our FS744.3215 retained right to be restored to capacity at the earliest possible time, which has no time limit.

An Inalienable Right is particularly defined as: That which cannot be given or taken away. Thusly, a person cannot Give their Life away nor can it be Taken away. Both are crimes, and protections of life are networked rather thoroughly throughout our Laws and our Constitution.

Consider this my public Writ of Mandamus to all (with various media as my witness) who will be receiving this letter, to cease and desist your acts or omissions which are felony crime statute violations, which may lead ultimately to this woman’s death by your incompetency, complacency, malfeasance, misfeasance, obedience to personal or collective agendas, disobedience of mandatory reporting of abuse, neglect and exploitations. This will require your proactive efforts in conjunction with other agencies and persons, to go against those who draw you in and only use you as pawns in a bigger agenda, by this case, to create a constitutional Right To Make You Dead. Investigate and prosecute the guilty parties. It is your obligation to set Theresa on the road to her recovery.

Do your jobs or suffer the consequences in the long run for your participation in blatant, in your face, felony crimes.

Sincerely,

Juan Schoch / Lake Mary, FL

P.S. I was never issued new CCR#’s per my written complaints (June 3, 2004) and yet you have done nothing but obfuscate that fact. I find this more than just a little reprehensible and believe it shows the complete and total incompetence, if not outright obstruction of justice, by you, your staff, the AHCA Complaint Administration Unit and others in your agency. It would be smart to stop digging yourself a hole and get back on the right track.

cc: Jeb Bush, Governor
c/o Christa Calamas, Governor’s General Counsel,
Charlie Crist, Attorney General,
Lee Constantine, Senator, District 22,
Derry Harper, Chief Inspector General, Executive Office of Governor,
Dawn Case, Director of Investigations, Executive Office of Governor,
Guy M. Tunnell, Commissioner, Florida Department of Law Enforcement,
Lance Newman, Director, Tampa District Office, Florida Department of Law Enforcement,
Cynthia Schuler, District Administrator of District 14, Department of Children and Families,
Bernie McCabe, Pinellas Pasco State Attorney,
Dorene Thomas, Chief of Police, Pinellas Park Police Department,
Sid Klein, Chief of Police, Clearwater Police Department,
Everett Rice, Pinellas County Sheriff,
Carl Whitehead, Special Agent in Charge, FBI Tampa Division,
John L. Wodatch, Chief, Civil Rights Division, Disability Rights Section, U.S. Department of Justice,

Representatives of House Committees Elder Affairs and Long Term Care, Family Health, Health Care and Health Services: Rep. Hugh Gibson / Rep. Dorothy Mindingall / Rep. Tom Anderson / Rep. Joyce Cusack / Rep. Carole Green / Rep. Richard Machek / Rep. Sheri McInvale / Rep. John Quinones / Rep. Dave Russell / Rep. Heather Florentino / Rep. Sandy Adams / Rep. Aaron Bean / Rep. Faye Culp / Rep. Nancy Detert / Rep. Matt Meadows / Rep. Sandra Murman / Rep. Nan Rich / Rep. Frank Farkas / Rep. Ed Homan / Rep. Holly Benson / Rep. Gus Bilirakis / Rep. Marty Bowen / Rep. Susan Bucher / Rep. Larry Cretul / Rep. Rene Garcia / Rep. Gayle Harrell / Rep. Arthenia Joyner / Rep. Stan Mayfield / Rep. Dave Murzin / Rep. Joe Negron / Rep. Ralph Poppell / Rep. Manuel Prieguez / Rep. Julio Robaina / Rep. Yolly Roberson / Rep. Ray Sansom / Rep. Eleanor Sobel / Rep. Shelley Vana / Rep. Roger Wishner / Rep. Juan Zapata

It's an interesting and compelling statement, and certainly understandable that a friend or family member would want everyone within the reach of the law (and media and blogosphere) to be responsible for the life of a loved one in jeopardy. But I think that this very letter illustrated the length to which one must go to secure such matters.

I presume here that this writ was required by, or suggested by an attorney or court officer and that the legal costs involved in pusuit of the aims of Mr. Schoch are non-trivial. As well the machines involved in prolonging the patient's life as well as the expertise that would save it are also not cheap. It is a sad fact of life that some people's lives are more expensive to maintain than others. To set about trying to guaranteeing a 'right to life' in all cases is bound to fail precisely because of such extraordinary cases.

Having recently watched my own mother recover from Renal Cancer, I understand the personal feelings attending such matters. So long as there is a way out of the dilemma, one is bound to feel that their loved one deserves whatever is possible. I've been there - sitting in the hospital cafeteria talking with family wondering if this operation doesn't work, maybe we can go to Mexico where they have this thing...

There is something noble in the effort to rage against the dying of the light, but there is also something noble about accepting the limits of our own capacities and not burdening the world with our desires. I'm sure that the hardest times to balance such virtues are when one's loves lives are in the balance.