|
JACKSONVILLE, FLA---The life of the Jacksonville man who suffered serious head trauma and brain damage in the kitchen of his home in suspicious circumstances in September, 2004, literally hangs in the balance, dependent on the outcome of a guardianship hearing scheduled Jan. 3.
 Pamela Patton, mother of Scott Thomas, 35, is headed back to the Fourth Judicial Circuit on Jan 3 for a hearing before Judge William Wilkes who will decide if he should give guardianship back to Scott's wife, Eliza despite allegations of criminal conduct voiced against Eliza by the assistant state attorney during previous guardianship hearings.
Scott's mother has petitioned the court for permanent guardianship but his wife has opposed it.
Eliza Thomas has already allegedly stated that if she is awarded guardianship, she is allegedly intent on ending his life.
In October, 2004, only a few weeks after Scott was injured, it was learned that his wife was trying to have him admitted to a hospice and have his feeding tube removed which would cause his death by starvation and dehydration, the same as in the case of Terri Schindler-Schiavo.
Scott is no longer dependent on a feeding tube since being in the care of his mother and family.
Following a hearing before Judge Wilkes at which an assistant state attorney for Duval County testified that a criminal investigation had been opened into the circumstances how Scott sustained his injuries, Scott's mother was granted a six month temporary guardianship which expired in June.
Despite the allegations of criminal conduct, Judge Wilkes awarded Scott's wife unsupervised visitation but she has not been visiting Scott. He has indicated that he does not wish to see his wife.
According to Scott's family, his wife had reportedly not pursued therapy or rehabilitation for her disabled spouse. Instead, his mother has shouldered the task of seeking out such help for him. She has modified her home to accommodate Scott and his personal requirements and has enlisted the expertise of neurologists and therapists to assist him in the long road to recovery. The medical bills currently total over $30,000 with no insurance to assist his mother in their payment.
Scott has a limited vocabulary, but can soundlessly form words and answers yes/no questions with hand signals. When doctors tested his responses, Scott correctly answers factual questions even though trick questions are included to rule out the possibility that the responses were involuntary. Scott has indicated that his wife his responsible for his injuries.
A video showing Scott counting to five and blowing a kiss can be seen at the website www.scottsfight.com along with pictures which chronicle his remarkable and steady recovery.
According to his mother, he ate a complete Thanksgiving meal at his grandparents' house and topped it off with pie when he returned home.
Because Scott has been labeled incapacitated, Judge Wilkes will not consider his testimony and therefore has not yet agreed to give his mother permanent custody. On July 18, Wilkes instead only renewed the temporary guardianship order. At the Jan. 3 hearing, the judge will again consider whether to give guardianship back to the wife, as a spouse has preeminence in guardianship cases.
In Florida, spousal authority trumps parental concern. As in the Terri Schindler-Schiavo case, a spouse can obtain ultimate control even when they have not acted in the disabled individual's best interests as was evidenced by Michael Schiavo. Ms. Patton does not have retained authority to her son's care even though she has clearly acted in his best interests. Her effort to assist him could well be lost on Jan. 3 when Judge Wilkes decides his guardianship and his fate.
His wife, who was allegedly in the country illegally until Scott married her in California after 9/11, says Scott fell backwards over the family dog in the kitchen of their home on Sept. 5, 2004, striking his head but doctors for the incapacitated man say that his injuries aren't consistent with such a fall. According to his mother, Scott says that his wife struck him in the head, causing serious head trauma.
The case has striking similarities to the Terri Schindler-Schiavo case of Pinellas County. He was placed on life support and on Nov. 12, 2004, his mother filed a petition for temporary guardianship of Scott which his wife, Eliza opposed.
His mother says her son married Eliza. 30, a Polish immigrant, about four years ago to keep her from being deported. Eliza had petitioned the court to move her husband to a hospice and remove his feeding tube which would cause his death, although his doctors and family say that he is making steady progress towards recovery, even eating some solid food. Scott was released from Brooks Rehabilitation Center in Jacksonville in June and is continuing his rehabilitation and therapy at the home of his mother.
According to his mother, Scott has indicated on videotape to his family and caregivers that Eliza is allegedly responsible for his injuries. The tape has been turned over to law enforcement officials.
Eliza Thomas has allegedly stated that once she is awarded guardianship, " I give him two months". Scott's family maintains that his wife has the intent of ending Scott's life as soon as possible if she is awarded permanent guardianship although in recent months she has reportedly stated that she might consider placing him in a nursing home or allowing his mother to continue to care for him. However, the family is concerned that if she is given permission to make medical decisions concerning Scott, that she may make plans to end his life.
There are several investigations still open in the matter including one by the Jacksonville Sheriff's Department and complaints made to Florida's Division of Children's and Families (DCF) The allegations of criminal conduct were mentioned last November in court at the guardianship hearing in which Patton was first awarded temporary guardianship of her son. The status of those investigations is unknown due to confidentiality provisions.
No one else was reportedly in the house at the time of Scott's fall. Although his wife maintains that she was in another room at the time of the fall, she also claims to have knowledge of how Scott fell.
His mother says that her son has indicated on a videotape given to police that his wife is allegedly responsible for his injuries, indicating that she allegedly intentionally struck him in the head.
Although Scott had indicated that he wished to see his infant son, the wife reportedly attached the stipulation that the baby would not be allowed to visit unless she accompanied the child.
At the time of the incident, Scott had just returned home from yet another of his repeated hospitalizations which were being necessitated because he had been experiencing reoccurring stomach problems. His mother says that although doctors did numerous tests, they could not diagnose the cause of her son's illness.
According to his mother, for almost a year prior to his injuries, Scott was hospitalized about every three months for severe stomach pain. No diagnosis was made despite numerous medical tests that did not include toxicology. Patton wants to hire a forensic investigator to test a hair sample she took from her son last fall. Such testing may indicate the presence of toxins.
Terri Schiavo's family has asked Scott's wife to err on the side of life. According to them, the dehydration and starvation death suffered by their daughter in March of this year was anything but a peaceful and painless death.
"The suffering our daughter endured and her death over the course of nearly two weeks was horrific", Robert Schindler Sr., father of Terri Schiavo said. "I am pleading with Mrs. Thomas to please reconsider her decision to seek the removal of Scott's feeding tube and to allow him to receive the therapy and rehabilitation he needs to improve. I beg Mrs. Thomas to give her husband a chance". 12-26-05
© 2005 North
Country Gazette
|
