FL AHCA Cover-Up Forces Schoch to Issue Public Writ of Mandamus

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A cover-up by the Florida AHCA (under Jeb Bush) in regards to the treatment and care of Theresa Schindler Schiavo, etc. forces Juan Schoch to issue a Public Writ of Mandamaus to various City, County, State and Federal officials.

The following public writ of mandamus was sent via Express Mail and certified letters to all parties in the letter on 8-28-04. It was also passed out to the media in Tallahassee the day before and on the day of the oral arguments before the Florida Supreme Court regarding the constitutionality of HB 35-E/S 12-E (Public Law 03-418). This is my Public Writ of Mandamus. Each letter came with a mini cd of the AHCA documentation and other information which proves there is a cover-up. (Note: If you would like to represent or know someone who would like to represent this case please call Juan Schoch at 407-925-4141):

August 28, 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


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


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


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.


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

Kate O'Beirne, Washington Editor, National Review / David Sommer,

Reporter, Tampa Tribune / Brendan Farrington, Correspondent,

Associated Press / Jim Witters, City Editor, Bradenton Herald / Mike

Vasilinda, Bureau Chief, Capitol News Service / John Lucas, Bureau

Chief, Florida News Network / Marshall Griffin, News Director,

Florida Public Radio / John Baker, Bureau Chief, Florida's Radio

Networks / Rick Flagg, Bureau Chief, Florida Radio News / Jim

Saunders, Bureau Chief, The Florida Times-Union / Paige St. John,

Bureau Chief, Gannett News Service / Marc Caputo, Reporter, The

Miami Herald / Lloyd Dunkelberger, Bureau Chief, New York Times

Florida Newspapers / John Kennedy, Bureau Chief, Orlando Sentinel /

Shirish Date, Bureau Chief, The Palm Beach Post / Lucy Morgan,

Bureau Chief, St. Petersburg Times / Linda Kleindienst, Bureau

Chief, Sun-Sentinel, South Florida / Nancy Cook Lauer, Bureau Chief,

Tallahassee Democrat / David Wasson, Bureau Chief, Tampa Tribune /

Georgia Davis, News Director, WFSU-TV/The Florida Channel / Jim

Lehrer, NewsHour w/, PBS / Diane Sawyer, ABC News / Dan Rather, CBS

News / Larry King, CNN/Atlanta / David Shaw, Media Critic, Los

Angeles Times / Richard S. Newcombe, Creators Syndicate / Reed

Irvine, Chairman, Emeritus, Accuracy in Media

# # #

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