“Without Due Process”
The story you are about to read today, is a true story. It’s the story of my Mother, who was
taken from her loved ones by a state agency under the guise of providing her with better care.
The facts will prove out that her time in state care was more closely related to imprisonment,
or solitary confinement, instead of being medically cared for. And sadly enough, ending when
this improper treatment, took her life on April 8th, at 11:30 P.M. by means of a lethal overdose
of Morphine. Oddly this fate is supposed to be reserved for Murders, not 89 Year Old civil
servants who lived their lives following not only the law, but also the rules of society their
whole life. (Even Sadder, Is That The Fate Which Befell My Mother, Is Taking Place Right This
Minute To Many Thousands Of Other Americans. Their Rights Are Being Violated, Without Due
Process Under The Law, Their Property Is Being Seized, And Financial Assets Being Illegally
Appropriated By The State Of Florida, And Many Other States As Well.
As You Will Read, This Is Being Done By The Means Of An Offshoot Of The State Court System
Which Provides No Properly Recognized Legal Procedures, (Called Due Process), Or Even A
Chance Of Appellate Intervention, As These Cases Are Perpetrated Against The Poor, Or Middle
Class Who Do Not Have The Funds For Attorneys, Court Reporters, Or Recorded Transcripts,
(Even Electronic Recordings Of These Cases, Are Denied By Judges In These Cases, Due To A
General Rule That Voice Recorders Are Not Allowed In Courtrooms). Unless The Defendants
Have The Outrageous Sums Needed To Pay For These Services, They Are Simply Left To The
Mercy Of A Court Which Seeks Only To Plunder, And Pillage, With No Regard For The People
Before Them. Costs To Fight This Type Of Case Far Exceed The Meager Funds This Class Of
People Have Available To Them. Leaving This Class Of People Vulnerable Before These Courts,
Who Prey Upon Them Like Vultures Awaiting Their Opportunity To Strike. As A Result Of This
Style Of High Handed Persecution, (Not Prosecution), Judicial Decisions Are Being Handed Down
With No Regard For Any True Justice, And Definitely No Chance Of Judicial Misconduct, Or
Prosecutorial Misconduct Being Examined, Or Critiqued, By A Superior Court.
My story begins about ten years ago, when my Mother first began showing signs of what we
were told by Doctors was Alzheimer's Disease. In January of 2001 I moved in with my Mother to
begin caring for her. As the years passed, and her condition began to get worse, I found myself
running into medical conflicts, I was not completely prepared for, and began doing a lot of
Internet research into the medical field to aid me in coping with my Mom's condition, so I could
be better prepared for what being her caregiver would entail.
In addition to her normal symptoms, I also discovered my Mother was becoming xenophobic
when it came to dealing with other people, (Not That She Had Ever Been Overt In The Area Of
Having Friends), but now she would not talk to other people who were important to her life. It
seemed some days that I was the only person she trusted enough to talk to. About 2005 my
Mother's condition made it necessary to have a Power Of Attorney, and Health Care Surrogate
forms drawn up, to go along with her Last Will And Testament that we had done a few years
earlier, in 2002. We had the P.O.A., and Surrogate forms drawn up by a local Attorney, who was
a member of my Church, and notarized in about October of 2005 at my Mother's Bank. (A Fact
This Attorney Was Willing To Testify To In Court, But Was Denied The Right To By The Judge).
The Documents were then placed in our Strong Box at home, in case we needed them later.
Soon after that my Mom broke her hip, and we needed to present them for the Hospital, and
Rehab Center, so they would know that I was my Mom's chosen Guardian, and had the right to
deal with any of my Mom's medical, or business issues. Since these were the two primary
Medical facilities in our area that ever needed to deal with my Mom's condition this critical
information was documented in my Mother's charts. From that day forward, we never had a
need to dig out these forms again.
In all honestly, I always viewed most of my Mom's concerns about the day when he might pass
on, as being far in the future, and perhaps never coming at all from this disease. My research on
the Internet showed that new breakthroughs were coming almost every day, and we were also
following proven strategies of physical and mental exercises, plus taking medications believed
to aid against the progression of this disease. In retrospect, I felt Mom would live far longer
than the projected time in those days. (But I'll Get Back To This Part Of The Story Later).
Herein may have been part of my Mother's problem in this case, because these documents
turned up missing from our Strong Box at home years later when I wanted to supply them to
the court as part of Mom’s defense. (Possibly Due To Mom Constantly Going Into The Strong
Box To Drag Out Papers, And Insurance Policies, To Remind Me Not To Forget To File Them
After She Passed On). I can only assume they got misplaced, mixed in with other papers, or
possibly thrown out. (During The Course Of These Court Hearings, I Requested That These
Documents Be Subpoenaed From The Local Hospitals, And Rehab Centers Several Times, As I
Felt They Would Be Important To The Court, But My Requests Were Always Ignored By The
Court, And As I Later Discovered, Would Have Made No Difference, As The Court Knew The
Decision It Intended To Make Right From The Beginning).
Several Months Later My Second Attorney Wrote A Letter To These Medical Facilities Asking
Them To Search My Mom's Files For Their Copy Of The Power Of Attorney, and Health Care
Surrogate Forms Which Had Been Archived By These Facilities, But Since This Was Not A Court
Ordered Action, All He Got In Return Was A Letter Saying They Couldn't Find Them.
As A Side Note, Even Though I Felt These Documents Were Important, Neither The Court, Nor
Prosecutor Ever Asked For Them To Be Produced At Any Of The Many Hearings. (Which Leads
One To Assume The Court Never Felt They Were Relevant To The Judge’s Decision. I Might Also
Add, That I Believe The One Time Existence Of These Documents Could Have Been Proven
Beyond Reasonable Doubt, By Simply Linking Together The Testimony Of The Attorney Who
Drew Up The Health Surrogate Document, And The Notary’s Ledger Sheet From The Bank On
The Day And Time Noted On The P.O.A. Which The Bank Still Had A Copy Of.
Over the years, my Mom has had several visits to the local Hospital, and Rehab Center, which
has taught me a great deal about this sham we all refer to as "Health Care", in this country. As a
result of what I have personally observed, and found out by paying close attention, I can
personally attest to the flaws in the health care system, and it's need to staff itself with warm
bodies, instead of qualified individuals. Some of which are qualified, and overworked, and
others who care nothing about the job they do, and only about the paycheck which comes to
them weekly. Not to mention the Doctors who defraud the system, by copying patient names,
and information, so they can bill the government and patients for services they never provided.
So blatant have these acts been, that in my mind I feel sure most Hospitals are well aware of
the practices, if not even taking a cut for themselves. In my Mother's case, I know for a fact that
the system of care employed by Hospitals these days is far more responsible for my Mother's
rapid decline, then the help she was given by this broken system.
On the other hand, I can also tell you, that it is the majority of us, "We The People", who are
also greatly responsible for the events which we allow to take place in these places of healing,
simply because we turn a blind eye to the world around us, or refuse to ask vital questions of
medical personal, and instead place blind trust in the medical staff. We would rather sit mute,
then open up our mouth, and rail against those who do us harm, because of their lack of care,
or their personal greed.
It is not my intention to go off on a tangent, but to guide you into the world I have seen for
myself, so you can begin to get a better understanding, by seeing it threw my eyes.
Over the years I found myself having to report Hospital Staff for a number of items which
ranged from mild infractions, to outright criminal offenses, like stealing my Mom's Medication,
and Jewelry, to simply not feeding her, (And Claiming My Mom Was Refusing To Eat, As Their
Reason For Not Feeding Her), dropping, and bruising her when trying to move her, and even
breaking her nose on one occasion.
To claim that my Mom has had quality health care over these past years, would be a lie of the
first magnitude. In an effort to offset some of the problems my Mom has encountered in her
visits to these Hospitals, and Rehabilitation Centers, I would visit Mom each night to feed her
that evening's meal, check her body for new bruises, and talk to her Doctors, and the staff
about her Medicines, to make sure some proper level of care was being given to my Mom.
(Needless To Say These Actions Did Not Make Me Very Popular With Hospital Workers,
Administration Personal, Or Rehabilitation Staff, But These Facilities Knew They Had To Deal
With My Requests Concerning My Mother's Care Because Of The Health Care Surrogate Form
Present In My Mother's File).
On one of my Mom's visits to the Hospital, The Doctor in Charge performed a scan of my
Mother's legs, simply because I had requested that circulation cuffs be attached to her legs to
prevent blood clots from forming. (The Scan Was Done As A Matter Of Course, Due To My
Request, And Without My Knowledge). As a result of this scan, I was informed that evening that
they had found blood clots in my Mother's legs, and that my Mother was going to undergo a
procedure to remove them the next morning.
Even though I was shocked by this news, I requested the Doctor rerun the scan of my Mother's
legs, to confirm their findings. Needless to say the Hospital did not wish to do their test again,
but since it was the only way to get me to consent to their procedure, they did, and found to
their surprise that there were no clots in her legs. As such, they made an assumption that the
clots in her legs, had now moved on, becoming clots in her lungs, and informed me they needed
to operate the next morning to remove them from my Mother's Lungs.
Again, I asked for proof before I would agree to such a major operation. The Doctor became
enraged that I even questioned him about his medical opinion, but after scanning my Mom's
lungs, they found no trace of any blood clots in her lungs, or legs. As an explanation for this
error, I was told by Hospital Staff that what they must have seen in the earlier scans, were
probable just shadows.
(Pretty Scary To Think That My Mother Could Have Undergone A Major, And Risky Surgery, Due
To Shadows Seen On An X-Ray By A Hospital Technician, And As A Side Note, I Found Out A Few
Months After This Event That The Elderly Lady Who Lived Across The Street From Us Had The
Exact Same Condition Diagnosed With Her, Only Her Daughter Never Questioned The Hospital's
Claims, And As A Result Of Her Surgery, She Survived The Surgery Having Diminished Mental
Capacity From Her Oxygen Deprived State While In Surgery).
In her case, I can’t say if her surgery was needed, or not, because I was not directly involved,
but it did give me great cause to ponder the "What If's". (I Bring This To Your Attention, So You
Can Get Some Idea Of The Level Of Care I Gave To My Mother During These Past 10 Years).
Sometime in 2007, because of a wonderful, and knowledgeable Physical Therapist who worked
with my Mother after she returned home from one of her visits to the Hospital, and subsequent
visits to the Rehab Center, we found out that what my Mother had actually been suffering from
was not Alzheimer's at all, but a disease call P.S.P. (Progressive Supranuclear Palsy), which is a
very rare disease similar to Lou Gehrig's disease in many ways, because it leaves the mind
intact, as it robs the body of the ability to be controlled by the mind.
Studies I have read about on the Internet purport that the mind, and body connection can be
maintained by consistent movement of the limbs, and muscles, which aids the connections
from becoming severed, or in some cases reconnects, or re-teaches these connections to
different parts of the brain, (My Mother, And I Spent Hours On These Exercises On A Daily
Basis). The studies also believe that the brain re-teaches the lessons we learned during the past
day, when we sleep, which reinforces these mind/body connections. Even though the belief
held is that this process may be impaired in P.S.P. Patients. Still many of these P.S.P. Patients
have been shown to have some long term gains, which can still be brought about simply by
maintaining an exercise routine on a daily basis.
As time progressed Mom began to show signs of improvement from our daily workouts, in spite
of the lack of care my Mother would get from each of her many return visits to Hospitals, and
Rehab Centers. (Exercise At Hospitals, And Even Rehab Centers, Is Almost A Joke In Florida. In
Most Hospitals It Consists Only Of Getting A Patient Out Of Bed, Walking Them To The Door In
Their Room, Turning Them Around, And Returning Them To Their Bed. At Rehab Centers, It Is A
Bit More Extensive, But Mostly A Lame Attempt To Give The Appearance Of An Exercise
Routine. And I Might Add, Not Even These Things Are Presently Being Done For My Mother, Nor
Have Been Done For Her, Since She Left For The Hospital In November Of 2009).
Sadly during one of my Mom's visits to the local Hospital, my Mother contracted C-diff, which is
a highly virulent strain of Diarrhea. This Disease is mainly contracted by patients when they visit
Hospitals these days, and once contracted, it can never be cured completely, and will just lie
dormant in the body until something triggers the next episode, usually 3 to 6 months later.
When these C-diff events occurred, I would deal with them as I was instructed by the Hospital,
by calling an Ambulance, and send her to the Hospital so they could clean her up, and give
Mom the usual battery of drugs necessary to subdue the current episode.
After returning home from her last episode of C-diff in August of 2009, Mom had lost 25
Pounds, (Mostly Due To The Fact Mom Was Getting Little More Than The One Meal I Fed Her
Each Evening In The Hospital), and her general condition began to falter, health wise, as a result
of the treatment she would get at the hands of the Hospital, Or Rehab Staff. Her body started
to break down, and begin to develop skin tears very easy, which is also rather common in the
elderly. (Mom was 88 Years Old on September 15 of 2009).
One evening while sitting on her potty chair at home, she twisted her body trying to have her
bowel movement, and tore the skin on each cheek of her buttocks. Mind you this was not the
first time this had happened, and I had become fairly well versed in treating these skin tears.
Between the bath lady who came 3 times a week, and myself keeping the wounds cleaned and
treated the rest of the time, we got one side healed up about 90%, and the other side about
60%, (Due to Mom Having The Propensity Of Crossing Her Legs, And Adding Extra Pressure To
The One Side Of Her Body, Whenever You Diverted Your Attention From Her, And I Might Add
To Be Completely Honest, Mom Could Be A Very Stubborn Lady Sometimes).
Well, as bad luck would happen, in the beginning of November my Mom had another C-diff
outbreak during the middle of the night, sometime between my last check of her at 2 A.M., and
the next morning when the bath lady arrived, about 11 A.M. When I went in to Mom's room to
wake her, I found her lying in a pool of Feces, reaching half way up the side of her body, and
extending from her shoulders to her kneecaps. The Bath Lady kindly offered to help me clean
Mom up, but being humane, I decided against having this brand new bath lady, who was on her
very first day of work as a bath lady, and was in her mid to late 60’s, from having to bathe Mom
in this condition.
I called an Ambulance, and had them take her to the Hospital, where she could be treated again
for her condition. (This Would Prove To Be A Mistake On My Part, And The Main Reason The
Events Existing Today Began To Unfold). As I later found out the C-diff episode must have
happened closer to 2 A.M. then 11 A.M., because the Bacteria had soaked in to Mom's wounds,
and skin, greatly inflaming the entire area.
As is Hospital Policy, the E.R. Staff called Florida's Department Of Children, And Family, (D.C.F.),
as they felt they may have been looking at a case of Elder Abuse, Or Neglect. This is where my
Mom's life took a drastic turn for the worse. Within a matter of weeks, I was served with papers
at 6 P.M. on a Friday Night, informing me that I had to be in court on Monday afternoon at 2:00
P.M., which left me no time at all to find a Lawyer, (Even If I Could Have Afforded One), and
leaving me to attempt to defend myself, and my Mother's position in court.
Having studied some law in college, I felt I might be able to hold my own ground, (Not That I
Really Had Any Other Choice), and at the very least, I thought I could buy some time to find
legal counsel. To my surprise, this entire hearing was not held in a "Court Of Law", by any
conventional standards, or procedures. In fact comparing it to a court, made everything I have
ever learned, or had been taught about the judicial system, nothing more than a perverse joke.
There would be no transcript of the events, (Unless I Wished To Pay To Have A Court Reporter
Be Present), or even a recording, (As I Was Informed By The Judge), no rules of procedure were
adhered to, nor was any solid evidence produced, and a doctor who had only looked at my
Mother briefly, (But Knew Nothing Of Her Past History), was allowed to testify in court via a
phone call in Speaker mode, (Not That What She Said Was Of Any Real Importance).
The worst evidence given that day was brought forth by an Office Manager from the Nursing
Home, who stated that one of the workers at the Rehab Center had seen my trying to force
feed my Mother. Not only was this statement untrue, but what real courts call “Hearsay”, and
not admissible in court, but let’s not forget, this was not a real court. As for her reason to bring
up this lie, may have had a lot to do with the fact I had gotten into an argument with her a few
days before, when I visited my Mom at their Nursing Home, and found her covered with
bruises, running almost the entire length of her left arm, which had happened while my Mom
was in their care.
(This Lack Of Care Was Not The Only Crime This Nursing Home Was Guilty Of. As I Later
Uncovered, They Had Also Contacted The Department Of The Treasury, And Changed My
Mother's Social Security Payments To Their Corporate Bank Account At Wachovia Bank. About
June Of 2010, And A Week After My Mother Had Contracted A Case Of Pneumonia, I Got A Call
From The Nursing Home Informing Me That My Mother Was Dying From An Intestinal
Obstruction, That Her Liver Had Shut Down, And The Feeding Tube Had Been Turned Off, Due
To The Pain She Was Suffering From The This Intestinal Obstruction.
After Visiting 3 Times That Week, And Even Having A Priest Perform Last Rights On My Mom, It
Became Clear To Me That My Mom's Blockage Was Only A Result Of The Constipation Which
Anybody Would Get From The Battery Of Anti-Biotics Used To Cure Her Pneumonia. (My
Mother Had Brought This Close To Death, Simply Because No One Thought To Give Her A
Laxative). To Make A Long Story Short, After Begging A Hospice Nurse To Give My Mom A
Laxative, The Blockage Disappeared. (In All, My Mom Suffered, And Starved At The Hands And
Mercy Of This Nursing Home For More Than A Week, Because The Doctor, And Nursing Staff
Could Not See The Obvious Facts Before Their Eyes).
In a later court hearing this Office Manager from the Nursing Home, testified that my Mom was
unable to move at all, was completely unresponsive, and basically nothing more than a
vegetable, and because they did not wish to take the time needed to feed her, that she had to
have a feeding tube installed. (Something The Court Forced Me To Authorize For My Mom,
Even Though I Knew Of My Mother's Fear Regarding This Procedure. Due To Her Husband Dying
From Starvation At Another Hospital, After Being Fitted With A Feeding Tube). All of the
statements testified to by this Manager were complete lies, and most where hearsay, that
never should have been allowed, but were allowed by this court, as these statements suited the
court's position, and the actions it was preparing to take.
It also didn't matter that this information was completely untrue, since the State refused to
ever bring my Mother into court to face her accuser's, and even worse, the Attorney appointed
by the court to represent my Mom, was only there to agree with the State's position. Needless
to say I was powerless to do anything about this, as my objections to the Hearsay, and the proof
I had tried to provide the court was simply ignored every time I brought it up.
(Honestly, Calling This A Kangaroo Court Would Have Given It Far More Credit Than It Ever
Deserved). Bottom line, this Court, and State Agency took my Mother away from me by means
of judicial fraud, in a mock hearing that could only have been seen, to even be believed, with no
regard for my rights, or my Mother's rights, the facts, or even the evidence provided.
As the weeks progressed I continued to visit Mom at the Nursing Home, while hunting for an
Attorney that would defend my Mother, and I in this case against the State Of Florida, and
D.C.F. because I believed it would be important, I began using my cell phone to take photos of
the wounds and bruises that continued appearing on my Mother. (As A Side Note, And As
Further Proof Of My Claims, These Photos Were Presented To The Court As Evidence In One Of
The Hearings We Had Before The Judge, And Were Rejected By The Judge Because They Had
Been Presented To The Court In Black, And White, Instead Of Color Photos).
This simple action of taking pictures alone brought even more trouble my way, as I was told by
that Office Manager from the Nursing Home, who had testified in court about my Mom's
condition earlier, that I was no longer allowed to visit my Mother and that under their rules, no
cameras, or recording devices were allowed in their facility.
When I asked her who's orders these rules were coming from, she told me it was from the
agent in charge of this case at D.C.F. (Ann Bryant). After I left, and contacted this Ann Bryant, to
ask about these conditions being placed upon my visits, because no one, not even the Judge,
had ordered, or mentioned any restrictions being upon me while visiting my Mother. It took
several days, and many phone calls, before this Ann Bryant finally called me back, only to tell
me on the phone that there were no restrictions on my visits with my Mother.
(However As A Side Note, As Time Went By This Ann Bryant Proved To Have Lied About Many
Different Things. So In Retrospect She May Have Told This Manager At The Rehab Center I Was
Not Allowed To Visit My Mom, Just To Add Benefit For Her Case, And Also Add To The Volativity
Of The Events Taking Place). Not knowing that this may have been the case, I went back to visit
my Mother on New Year’s Eve Day 2009, and was told by a nurse that if I didn't leave
immediately, that she would be forced to call the Sheriff, to have me arrested. I informed her
that if that was what she felt she had to do, that she was welcome to call them, as I was not
doing anything wrong, and I intended to spend New Year’s Eve with my Mother.
About 15 Minutes into my visit, the Sheriff did arrive, and asked me to step outside so we could
talk. The Staff at the Rehab Center rushed in, and quickly ran off with my Mom. (I Later Found
Out They Were Hiding Her In A Little Used Dining Hall). The Sheriff informed me that before he
arrested me for "Disturbing The Peace", he would like to hear my side of the story. After telling
him what had taken place both in court, and about my last conversation with Ann Bryant, and
that I was only here to spend New Year’s Eve with my Mother, and that no other events had
taken place other then what I had told the nurse in the hallway, he excused himself, and walked
over to talk to the Office Manager who had testified in court.
When he returned, he informed me that since the Manager could not produce any other
person who had witnessed me "Disturbing The Peace", he was not going to arrest me. Then he
leaned over closer to me, and told me in a quiet voice, that he would advise me to leave, and
not return until I had a truly credible witness with me. That this witness must be someone of
real character, because he was sure that this Manager would find someone employed here to
back up her claim of "Disturbing The Peace" the next time, and then he would have no choice
but to arrest me, and that would not look good in my Mom's case.
I agreed to leave only after being allowed to explain what was taking place to my Mom, as I did
not want her to worry, or think I was being arrested, and wanted her to know I would be back
to visit her as soon as I could get this resolved. (The Sheriff Agreed, And Escorted Me To Where
The Nursing Home Was Hiding My Mother. After I Calmed My Mother Down, And Explained
Why I Had To Leave, And Apologized For Not Spending New Years Eve With Her, The Sheriff
Escorted Me Out To My Car For My Own Personal Protection).
It took me some time before I could get back to visit Mom, as I had to concentrate on finding an
Attorney, and wanted to get the Judge to issue some kind of protection order to guarantee my
right to visit my Mom, or at the very least have my Mom moved to another Nursing Home were
she might get better care, and I could visit freely with her. I started my search with the Legal Aid
Service here in Hillsborough County, who informed me that an Elder Law case would be far to
costly and time consuming for their Attorney's to take on. (Mind You This Is A Non-Profit
Agency Whose Sole Purpose Is To Help The Needy, And Indigent).
However the lady I was talking to did try to help me, by telling me that I might want to raise the
Issue that under Florida Law, my rights, and my Mom's rights, had been violated from the very
first day I was served, because Florida Law requires the initial hearing must take place no
sooner then 24 Hours after being served, and can not include Holidays, or Weekends. Mom's
first hearing took place only 20 Hours after I was served. (6:00 P.M. Friday Evening To 2:00 P.M.
Monday Afternoon, However Be That As It May, This Fact Has Been Ignored Completely By The
Court Each Time The Statute Was Raised).
My next contact was the Hillsborough County Bar Association, who gave me a list of 3 Attorneys
I could call, who all told me they don't do Elder Law cases for free. So I got 3 more names from
the local Bar, who said the same thing, and 3 more names etcetera, until there were no more
names to call.
My next call went to the national Alzheimer's Organization, who referred me to their local
office, who gave me 3 more names I could call. After calling more Attorney's then I can even
remember, I finally found a lady Attorney who agreed to join me in court, but only to the extent
that she would petition the court for the ability to access my Mom's account for the needed
funds to pay for her legal services. (And She Would Do Me This Favor For Only $500.00 Cash,
Paid In Advance). Her main condition was that if the Judge granted her motion to the Court
then she would handle my case, if not, she and I would part ways as she did not work for free.
Since I had no other hope of getting help, I agreed to her terms.
Needless to say, as soon as the Judge said no, she dropped my Mom's Case in a New York
Minute, leaving me to continue to defend my Mother, and myself as she just sat next to me
saying nothing. So I addressed the Court as best I could, stating the events that led up to this
point, and the reasons for my actions, in hopes that the Judge would understand, and show my
Mother, and I, some understanding, and compassion.
Alas this joke of a court, and it's cast of actors, all agreed that the court had no need to order
me the right to visit my Mom, since I already had the right to visit my Mom, with no
restrictions, and more importantly, that no one in this court believed I was at fault for anything
which happened to my Mother. (Yes, That's Right, All Parties Involved Had Deemed Me To Be,
Not Guilty Of Neglect, Or Abuse Of My Mother).
I'm sure you will understand that I was extremely shocked to hear this, (Although Relieved),
especially since the entire reason the D.C.F. was brought into this situation was to investigate
the Hospital's claim that my Mom's condition might have been related to abuse, or neglect.
I then asked the Court that if this was the determination of all parties involved, why was I being
prevented from bringing my Mom home to continue caring for her, and honor her wishes for
her final days of life. To which I was told that the Court believed I was simply not capable of
caring for my Mother. (Mind You The Court Had No Evidence, Or Facts To Present To The Court
That I Could Not Care For My Mother, Except Maybe A Feeling That Men Could Not Be Proper
Caretaker's In The Eyes Of A Room Full Of Women, And Completely Ignoring The Fact I Have
Already Spent The Past 9 + Years Of My Life Caring For My Mother).
Granted, I am not perfect, and I have made mistakes caring for my Mom over the past 9 Years.
One happened just shy of a year before this event began, when after cleaning her up after she
had a bowel movement in her bed, I left her lying on her side with pillows propping her up on
her side at about a 45 degree angle, so the skin tear on her behind could get some air to it.
When I left the room to clean myself up in the Kitchen Sink, she shifted her body weight, and
rolled herself face down on the bed, so she could end her life by means of suffocation.
Even though I was only gone a couple of minutes, she had been successful, and upon my return
I found her body was lifeless. In a state of total panic I rolled her on to her back. Even though
her face, and lips were completely blue, I began, and continued to give her C.P.R., until I was
able to bring her back to life. At the time I felt a tremendous amount of guilt for leaving her side
to go to the Kitchen sink to clean up, when I could have just as easily used the bathroom sink in
her room to clean up, but over time I had gotten into the habit of using the kitchen, because of
the large double sinks that allowed me to scrub up easier.
In retrospect, and based on what has happened since, (Even Though This Is A Horrible Thought,
And Against All I Have Ever Believed About The Sanctity Of Life), I now believe that Mom may
have had the right idea, and I should have honored her choice that evening, instead of bringing
her back to life.
As a young man I was told by my Grandfather that with age comes wisdom, and regrets, which
are uniquely connected, because both are inevitable, and both will bring you their own versions
of unforgettable happiness, and also grief. (No Matter What Course Of Action, Or Inaction I
Take In Life, My Mind Will Never Allow Me To Forget The Path I Have Walked. My Only Saving
Grace Is That Most Of My Choices Have Been For The Right Reasons).
This was not my Mom's first attempt to take her own life, as she had also taken an overdose of
Sleeping Pills many years earlier, shortly after she was first informed she had Alzheimer's, (Even
Though This Diagnoses Was Later Proven To Be Wrong).
She did this on a Sunday Morning, while I was away at Church Services, but again as luck would
have it I had come home right after Church, instead of first going shopping for the ingredients
to prepare our Sunday Dinner, and found her still in bed, (Mom Was An Early Riser, And This
Was Something Very Uncommon For Her In The Early Stages Of Her Condition), and when I
questioned her as to why she was still in bed, her disjointed sentences told me all I needed to
know. I immediately called the Paramedics, and had them rush her to the Hospital, where they
kept her alive.
Ever since that day, my Mom has had to visit a Psychiatrist, but I always felt this was a good
thing for my Mom, especially under the circumstances. In later years, I began to accompany my
Mom into the Psychiatrist's Office, so I could translate for her as my Mother's speech began to
slur. The first Attorney told me that she had intended to put my Mom's Psychiatrist on the
witness stand, (To Testify To My Mother's Condition, And Competency), by means of the same
"Phone Call Testimony Tactic" that the state had used, along with the Attorney who had written
the Health Care Surrogate Form which I had him prepare back in 2005, (Since We Felt These
Documents Would Be Essential To The Court, I Was Able To Get A Copy Of The P.O.A. From The
Bank Where The Documents Were Notarized, As They Kept A Copy For Their Banking Records,
And The Notary's Log Would Have Recorded, And Proved The Existence Of The Health Care
Surrogate Form, And That Both Documents Were Notarized At The Same Time, Thereby Linking
The Proof Of The Existence Of The Health Care Surrogate Form To The Attorney's Testimony,
Not Withstanding My Mother's Will, Which Clearly Attests To My Mother's Wishes, Or The
D.C.F. Agent Who Asked My Mother Point Blank Years Earlier, How She Was Being Treated By
Me, And Exactly What Her Wishes Were For Her Future), but the court would not hear of it, and
stated that this was a hearing, and not a trial, and that she, (The Judge), intended to leave the
court, to go home in 15 Minutes, whether we were done or not.
(Just Another Example Of The Justice Found In Florida's Family Law Court Division, Also As A
Side Note The Department Of Children, And Families Agency, Has Had A Long Standing, And
Well Documented Tradition Of Injustice. Well Documented By Florida Newspapers, And
Television Station Reports Over The Past 30 Years. Plagued By This Bad Reputation To Such A
Degree They Changed Their Name From H.R.S. To The Department Of Children And Families
About 12 Years Ago, To Shed Some Of The Bad Press They Had Acquired Over The Years).
At this point you might wonder why I would be having such a rough time finding a Lawyer, since
you can't turn on your Radio, Television, or read a Newspaper in this country without spotting
an Ad from some Attorney begging you to call him, and let him sue someone on your behalf for
any kind of injury, or injustice. Perhaps if I lived in some other state, you might be right in this
thinking, but in Florida, the law was changed several years back when it came to the amount of
Liability Insurance Coverage required to be carried by Health Care Organizations. This change
lowered the amount required to be carried by Health Organizations, and made it unworthy of
the time, and effort needed for Attorney's to pursue Law Suits, (Not To Mention The Indirect
Changes Brought About In The Medical Field As A Result Of These Law Suits).
After court that day, I found myself $500.00 poorer, and again desperately in need of an
Attorney to handle my Mothers Case. So I picked up where I had left off with the local Office of
the Alzheimer's Organization, and called them back for a few more references. One of the
names they gave me this time around was an Attorney I had worked with many years earlier,
when he was running for public office. My thinking was that since I had helped him with his
political campaign years earlier, maybe he would help me now. Well, as it turned out he had
retired, but claimed he would check around with some of the Attorney's he knew, to see if one
would be willing to help.
A day later I got a call from an Attorney who was referred to me by the retired Attorney. I set
an appointment, and went in to tell him about what had happened in my Mom's Case up to this
point. His reaction appeared to be one of sheer shock, and dismay, even though his past
experience in Family Law had been working as a Prosecutor on the Child Law side, instead of
the Elder Law side of Family Court.
He confessed in our first meeting that he needed to talk to some other Attorney's who had
more experience with the Elder Law side of the court, because his knowledge of Elder Law was
very weak. (In My Mind I Felt That Even With His Knowledge Drawback, He Appeared To Display
The One Quality No Other Attorney Had Shown Me Up To This Point). He seemed to be
displaying what I call "Heart", and acted as if he were truly ashamed of the court's actions in
He also seemed to act in a caring manner at each hearing we attended, until the date of our last
hearing in July, when he just sat next to me, and said nothing, showing his true colors, as the
court rolled over my Mother, and her case like a stream roller. As of this point in time I do not
know what caused him to change his mind about defending my Mother and I, or if he had been
offered some form of a deal by the state, or even if his actions were truly sincere from the very
beginning, but it was very clear to me that we had just been sold down the river on this day,
just as Judas did to Jesus.
We spoke at length after the hearing, and I questioned him as to why he had not stood up for
us, or explained to the court that my Minister had already submitted his application to the
court, or why he had not raised any objections to the Judge when she ordered that a
Professional Guardian be put in charge, as my Mother's Guardian, or even when she ordered
that the Guardian was to be paid 5 Months back pay, (At A Rate Of $1,500.00 Per Month From
My Mother's Estate), when she had done nothing to even earn a penny up to that point.
He sidestepped answering this question completely by changing the subject to my Minister
being my Mom's Guardian. His answer to me was that he simply got the feeling that my
Minister didn't wish to assume the duties of Guardian, and that the Minister's actions seemed
to be telling him that the minister didn't want to hurt my feelings by turning me down.
Mind you, as of this point in time the Attorney had never spoken to my Minister, by phone, or
in person prior to this time, and he had deduced all of this from his claim that he had left
several messages for the Minister to call him, but had never heard back from him. (As A Side
Note, My Minister, And Also The Church Secretary, Both Told Me That The Attorney Had Never
Called, Never Left Any Messages On The Minister's Cell Phone, Or On The Answering Machine
At The Church, And In Fact My Minister Had Left Several Messages For My Attorney To Call Him,
And Was Greatly Surprised That The Attorney Had Not Called Him Back).
Since the date of our last hearing in July, my Attorney has not returned any of my calls, nor
contacted my Minister, and with each week that passes, my Mother's condition grows weaker,
because she does not get the needed care that would prolong her life, (Which Under The
Circumstances May Be A Blessing), she simply lies in her bed, without so much as a T.V. to
watch, or listen to, while awaiting death, and my weekly visits with my (Credible Witness),
Minister. (I Might Also Add, I Can Only Visit My Mother Once A Week, Due To My Minister's
Schedule, And The State's Refusal To Relocate My Mom To Another Rehab Center. Something
That My First Attorney Was Promised Many Months Earlier, By This Ann Bryant).
The Bottom Line Is That Neither My Mother, Nor I, Have Done Anything To Deserve The
Treatment We Have Been Shown By The State Of Florida, And Even Worse, We Both Have, And
Are Continuing To Be Unjustly Punished, Penalized, And Persecuted For Doing What All
American Children Should Do For Their Parents). My Mother has been denied her right to live
out her final days in the manner she chose to live them, and adding insult to injury, the State of
Florida is stealing what few assets my Mother has, by it's illegal actions, flagrant rights
violations, and also now currently including an attempt to have me removed from the home I
have cared for, and lived in with my Mother during the past 10 years, (Not To Mention Been
Left By My Mother's Last Will And Testament, And Guaranteed To Me Under Florida’s Own
State Laws), or pay the Guardian a monthly rent to live here equal to almost twice my monthly
Social Security Check.
There are many more events I could have added to this letter, like the Guardian’s refusal to pay
me the Social Security ordered subsistancy of $234.00 each month from my Mother’s Social
Security Check, which is a direct violation of Federal Law, and the Nursing Home’s refusal to
even inform me of any events taking place with my Mother, like her day surgery a few months
back, they never told me about until I noticed the stitches on one of my visits. I hope I have
given you an idea of the battle I am fighting, and I can only pray you will add your voice to mine,
to aid me in getting my Mother the justice she, (And All Floridians), rightfully deserve before
she passes on from this world.
I understand the full extent, and consequences of the battle, I am asking you to join me in
fighting, but you must consider how drastically a positive outcome could affect the future lives
of every working class citizens living in this country. Everyone deserves the right to a fair, and
impartial hearing, and it is a fundamental right of all Americans, and should never be usurped
by any court system, in any state of this nation, for any reason.
Grievous judicial errors are evident in every aspect, and hearing of this case, and ethical
amendments for this type of judicial misconduct must be demanded for all the citizens of this
state, and country, because if not, our rights under the constitution this country was founded
upon, are little more than words upon a sheet of paper, void of any genuine meaning.
Either way, should you choose to take action, or inaction, I wish to tell you “Thank You”, for
taking the time to hear my story.
Update - 12-22-2010: I was contacted by the Night Nurse at the Nursing Home informing me
that my Mom had a serious U.T.I., and that they needed my permission to insert a "Midline",
which is an extremely long I.V Device used on older patients who run the risk of their veins
collapsing with a standard I.V. The Nursing Home's action was mainly a screw-up by the night
nurse, as the Court took my Health Care Rights away, when they gave them to the Guardian,
but I figured I had nothing to lose, and told her "No", then instructed her to send my Mom to
the Hospital for treatment. Well, to make a long story short, it wasn't a cake walk, but they
called me back at 4:00 A.M. and informed me that Mom was in transport to the Hospital. (That
Was A Miracle In My Book).
The next day, I spent all day at the Hospital with her, and the Hospital's Day Nurse even
documented the poor condition Mom arrived in from the Nursing Home, in Mom's Hospital
Charts. We also found that the feeding tube the state forced me to install in her was leaking
badly, and had not been replaced at the standard 6 Month mark as it should have been, but in
an effort to forestall any replacement, the Nursing Home just kept cutting the tube shorter, and
shorter to get a better connection. What was once more than a foot of feeding tube, was now
only about 2 inches long.
Since she was in such bad shape, the Nurse contacted the Doctor, and set her up for surgical
replacement of the feeding tube. When I arrived the 3rd night for my visit I was met by one of
the Hospital Administrators, who asked me to step out of Mom’s room, and informed me that
they had gotten instructions from the Guardian, that I was not allowed to have any contact at
all with my Mother.
I told them to contact the Guardian again, and have her send them any copy of any Court Order
stating that, as I knew I had never been ordered by any Court to stay away from my Mother,
nor had any conditions like this been placed upon me. Five Minutes later the Hospital
Administrator returned, and told me I could visit with my Mom as long as I wished, as the
Guardian had decided it was okay this time. (Translation, She Had No Court Order To Enforce
I guess the Guardian suspected that since my Mom was at the Hospital, I might try to get some
more evidence against the Nursing Home, or get Mom's Psychiatrist To Evaluate her condition,
as the Guardian pulled her out of the Hospital, and had her sent back to the Nursing Home, just
24 Hours after Mom got back from her Surgery. Truth be known, she was to late, her
Psychiatrist had already seen her early that morning, and now can, and is willing to, attest to
the fact that my Mom is still mentally competent.
Which means if I can find an Honest Attorney, this fraud being perpetrated on my Mother by
the State Of Florida can finally be brought to light, and justice achieved.
How's that for a light at the end of the tunnel? Only one miracle left for me to pray for now, is
that the right person, in the right position of power, hears my story, and decides to help us.
Update - 04-25-2011: Mom passed away on Friday, April 8th, 2011, at 11:30 P.M. from what I
was told by a Hillsborough County Sheriff’s Officer, Brian L. Alexander on Saturday the 9th of
April about 6:00 P.M. (More Than 18 Hours After The Fact). He had been sent to tell me the sad
news because no one was able to reach me by Phone. Not the Nursing Home, nor Hospice, nor
even the Court appointed Guardian. It seems amazing to me that with all these people trying to
contact me that not one of their phone numbers shows up in my Cell Phone’s call log, nor is any
message in my Voicemail.
It also seems strange to me that when the Minister and I were visiting her the day before, she
was only running a slight fever, with a touch of phlegm in her throat. Hospice did have her on
24 Hour watch, because she was getting over a mild case of Pneumonia, (Hence The Slight
Fever, And Bit Of Phlegm Still In Her Throat), but aside from that she seemed her usual self.
Alas, the plot does get stranger, and thicker from here on, as I also have no Phone calls on my
phone from any of these people during the 30 Hours prior to the time I last saw my Mother,
until her death.
Yes, it’s possible my Mother could have passed away without any sign of getting worse, and had
this been the case, I doubt a Nursing Home would have contacted a crematorium in a
completely different county, and had them come get the body only an hour, and a half after her
death. (Mind You Driving From Pinellas, To Brandon Takes About 1.5 Hours, Even At Midnight).
Two things come to mind immediately after hearing this, 1.) Under Florida Law, The Nursing
Home is required to wait up to 8 hours, to get the signature of the nearest relative, so they can
release the body to the crematorium, (Or Send The Body Somewhere The Family Would Desire
The Body Sent), not just pick one on their own, for immediate disposal. 2.) This Crematorium is
about an hour and a half driving time from where this Nursing Home is located. Meaning that
the Nursing Home had to call the Crematorium for pick up, within minutes of my Mom’s death.
3.) The Hospice worker who was on watch when my Mother passed away has yet to call me, or
his superiors to tell what happen that evening, in spite of being asked to by his superiors
several times over the past 2 weeks.
Could these events have been harmless oversights? Possibly, until you begin to consider the
extent of the 2 Year battle I have been in with Florida’s Department Of Children, And Families,
The Nursing Home, and their joint incompetence which almost cost my Mother her life about 6
Months back, for the sake of giving her something as simple as a Laxative to help move the
“Obstruction”, which caused them to instead, turn off her Feeding Tube for almost a week. Or
the fact that they continued to cut her feeding tube shorter, and shorter, instead of sending her
to the Hospital for the replacement that Doctor’s recommend be done every 6 Months.
Looking back at all of the events of the past 2 Years, would anyone deem me to be crazy to feel
that my Mom’s death be considered, “Suspicious”? As of the time of this writing, Mom is still
laying in the Freezer at the Crematorium, awaiting the outcome of an M. E.’s Investigation,
which I had to move heaven and earth to even get the M.E. to consider there might be
something wrong going on here, because under Florida Law, if someone dies in the care of a
Hospital, or Nursing Home, it is considered forthright, and proper. It amazes me that the level
of care is so high in these “Institutions Of Life”, that no one needs to question the passing of
anyone, as long as it happens in one of these Time Honored Institutions.
Update - 05-03-2011: I contacted Social Security today to see if the Guardian has notified them
of my Mom’s death yet. What a surprise to find out that they were just notified earlier today,
25 Days after her passing.
Update - 05-04-2011: I contacted the County M.E. again today to see if they had decided to do
the autopsy, only to be told that they were not going to do an Autopsy on my Mom, as their
rules about this matter are clear. Then this gentleman told me, that he had my Mom’s file in
front of him, and from what he could see there, and I quote, “Even If Her Death Were Caused
By An Accidental Overdosing Of The Patient, The County Would Not Perform An Autopsy”. –
This Is A Direct Quote From The Assistant M.E. I Spoke To. From the way he made this
statement, so out of context, I felt sure he was telling me where to look, to find the evidence I
needed to prove the guilt of the parties involved.
Update - 05-18-2011: I was contacted this afternoon by the Medical Examiner’s Office who
informed me the they were going to do an autopsy on my Mother, because the director of the
crematorium had contacted them, and complained so profusely over being stuck with her body
for the past 2 months that he need them to resolve this matter for him. I was told that if I
agreed to have my Mother cremated someplace else, as soon as they did the Autopsy, they
would agree to perform one on her. I agreed immediately, as I had already exhausted any
option I had of having one performed, and had already intended to call the crematorium to give
them permission to proceed with the cremation, when the call from the M.E. came in. 2 Days
later I was told the autopsy had been done, and that I would have the results in 9 to 10 Weeks. I
was then reminded that it was my turn to hold up my part of the agreement, and give them a
name of the place I wished the body to be cremated. I told them I would make a few calls, and
get back to them in a few hours. I decided to contact the same crematorium in Pinellas County
that Mom had been, and make my apologies for sticking him with Mom for so long, and began
my apology by thanking him profusely for using his clout to get the M.E. to perform the autopsy
to begin with. To my surprise, he told me he had never contacted them, nor complained to any
one at their office about the matter. In fact, he was amazed when they called him that morning
to request him to send the body to them for the autopsy. In my mind, this began to tie a few of
the facts together, since it had been Hillsborough County that might be considered as having
something to do with my Mom’s death at the hands of the Nursing Home, they may have felt
an autopsy would help to shield them from blame.
Update - 06-22-2011: I was contacted this afternoon by the Medical Examiner’s Office who
informed me they had the results back of my Mother’s autopsy, and in their opinion she had
died of natural causes. When I heard this I was a bit surprised to say the least, an asked what
the Toxicology Report showed. I was told that it had not come back yet, but would be there
soon. I asked to have a copy sent to me also, and was told I was not allowed to have a copy of it
as it was against their rules. Odd, I thought, but I had a way around it, and had a Doctor friend
get a copy of it, and send it to me. To my surprise, the M.E. had ruled Mom’s death as natural
causes, but the Toxicology Report showed a totally different story, as it found Mom’s level of
Morphine in her blood, to be twice the lethal level. Exactly what the Assistant M.E. had back-
handedly told me more than a month earlier. Mom had been murdered, plain and simple.
Update - 010-02-2011: As of today, I have been unable to find an Attorney to become involved
in this case, to bring justice to the guilty parties, or get any kind of justice for my Mother death.
The reason as it has been explained to me, is that there is no profit, “$”, in seeing justice done.