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ST.PETERSBURG, FLA---An attorney for the Schindler-Schiavo Foundations says that Jon Eisenberg, the California attorney who has filed a complaint against the organizations, has presented no evidence to substantiate his claim.
Eisenberg, who filed an amicus curiae brief on behalf of some bioethicists in 2004 and later joined with George Felos and Michael Schiavo in advocating the death of Terri Schiavo by opposing Gov. Jeb Bush and Terri’s Law, has asked the state Department of Agriculture and Consumer Services to investigate if the two foundations established by Terri’s family unlawfully used charitable contributions for lobbying activity.
The parents and siblings of Terri Schindler Schiavo have established two organizations, the Terri Schindler Schiavo Foundation Inc., a tax-exempt charitable organization, and the Terri Schindler Schiavo Foundation Center for Health Care Ethics, a lobbying group that will work with state legislatures to pass laws that would require physicians and the courts to presume that patients want food and water or lifesaving medical care if they haven’t clearly expressed their wishes before becoming incapacitated.
On March 30, the day before the first anniversary of Terri’s death, the Schindler family held a press conference in Washington, DC to officially launch the new foundation which will focus on educating the public about end-of-life decisions, fighting “the growing culture of euthanasia”, and protecting the rights of the elderly, disabled and vulnerable adults.
Samantha Chechele of St. Petersburg, one of the attorneys representing the Foundations says that after reviewing the complaint filed by Eisenberg, “there is no evidence presented except for the fact that the Schindlers appeared in public in Washington. This is the ‘lobbying’ that Eisenberg is referring to”, she said.
She says that no Foundation funds were used to pay for the trip to Washington from either Foundation.
“To my knowledge, Eisenberg has the year-end financial information for 2003, 2004 and 2005”, the attorney said. “The 2006 information is not available since it is not year-end, but of course it will be as clean as the other years were. We are current in all of our financial reportings to the state, the county and the IRS and all of these are a matter of public record”.
“I suppose that he is using a current-year situation to speculate about”, Chechele said, “since the past years were clean and he knows that we won’t be filing the 2006 reports until next year, as is normally done, so by the time this all blows over, and the 2006 reports are filed, he will have received the mileage he was looking for from his complaint”.
“Isn’t it curious that the timing of this ‘complaint’ corresponds with the release of Michael Schiavo’s book which also makes wild accusations for which no evidence exists”, Chechele commented.
The attorney said that contributors to the lobbying foundation were informed that their contributions were not tax-exempt and she said the funds have not been commingled as Eisenberg alleges. She said the money collected by the charitable foundation has been properly handled.
The charitable foundation was incorporated in 2001 to fight for Terri’s life and is now focused to help others avoid future tragedies that reflect what Terri endured. The Foundation focuses on educating the general public regarding current guardianship laws and state laws on death by dehydration and starvation, provides information and resources on advanced directives, medical futility policies and individual constitutional rights. The Foundation offers seminars to the general public on these issues and provides information and resources through its website and printed materials.
The Foundation is also seeking to establish a public referral network of professionals and organizations that are dedicated to advocate, protect and provide care for people with disabilities and their families.
Ultimately, the Schindlers envision being able to establish care centers across the country for the disabled and vulnerable.
The two foundations were established by Terri’s parents, Mary and Bob Schindler Sr., her brother Bobby Schindler and sister Suzanne Vitadamo. After battling Michael Schiavo in the courts for nearly a decade trying to keep Terri alive, Michael Schiavo was successful in obtaining a court-ordered death for Terri, claiming it was her wish to die of starvation and dehydration. Judge George Greer ordered that the feeding tube be removed and that she could not be given food or water orally. Terri died on March 31, 2005, 13 days after her feeding tube was removed.
According to the DACS web site, upon receipt of a complaint it is reviewed. If the complaint falls within their jurisdiction, informal mediation is attempted to resolve the consumer’s dispute and evaluate the business for compliance with applicable statutory provisions.
A DACS spokesman has said that the foundations will be asked to respond to the complaint and that an investigator has been assigned “to ensure the inquiry proceeds without problems……because of the visibility of the case”.
Michael Schiavo has formed a political action committee known as TerriPAC to oppose legislators who tried to save Terri’s life. Although the Federal Elections Commission had asked Brian Schiavo, the treasurer, to provide further information by Jan. 20 regarding its year-end filing, as of this date, according to the FEC web site Schiavo and TerriPAC have failed to comply. Schiavo had been warned that a failure to comply with the FEC request could result in an audit of the committee as well as an enforcement action.
June Maxam 4-07-06
© 2006 North
Country Gazette
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