Where do you turn when you become disabled, vulnerable, or old and become unlawfully a victim of the system?
There are no kind words for the injustice that Chemung County New York has visited upon Gary Harvey and his wife Sara.
Gary Harvey a veteran who served his country and fought for our freedom is being denied his. Until January 2006, Gary was leading a normal life. We are telling his story on behalf of him a “Person”.
Not a corporation, not a piece of “Human Capital” and definitely not a legal instrumentality for quasi-corporate monetary gain.
We are talking about a man named Gary Harvey.
Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury. Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.
Gary was placed in Chemung County Nursing Facility - and a familiar battle began.
His wife Sara started complaining about the quality of care - or lack thereof. After pushing their own allegations, the facility was successful [in 2007] in having Sara deemed "unsuitable” as her husband's guardian, limiting her contact and removing any right to make decisions on his behalf.
The County Department did not file for an Adult Protective Services (APS) guardianship, but the county attorney showed- up unannounced at a purely civil/family court proceeding, and secured the commissioner of the department of social services as his guardian.
This turned the article 81 guardianship into an adult protective service proceeding.
Sara’s former attorney did not disclose to her that he worked for the county until the day of the hearing. She was left alone.
Judge Mulvey would not adjourn. Gary’s court appointed attorney Kevin Moshier submitted a
“Proposed Order & Judgment" to the judge, Sara did not receive a copy. The judge did not inform Sara of her right to submit.
Judge Mulvey did not disclose that he received Moshiers proposed Order and Judgment. Judge Mulvey admits he signed Moshier's proposed Order and Judgment. Is this not ex-parte?
Are they above the law?
If I were to get a traffic ticket I am expected to pay.
If I steal I go to jail, if I lie about my taxes the IRS will come after me.
From that point forward, Sara has been struggling against all odds to save her husband from what she fears could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.
After Gary’s constant trips to the ER over the years from negligent care, on May 16, 2009 his fate was never to return to Chemung County Nursing Facility after unknown, unexplained occurrences that destined him confined to St. Joseph hospital where in conjunction with his court appointed “protectors” attempted to end his life by dehydrating and starving him to death and were successful in attaching an unlawful DNR on him while Gary’s court appointed attorney coached the “protectors” how to do it, despite his knowledge of Gary’s wishes.
Adult Protective Services of Chemung County New York which is supposed to “Protect”, a guardian for Gary since March 2007 petitioned the county court for permission to kill their ward.
An adult protective services unit, a public guardian, a charitable non-profit 501(c)(3) corporation, sought court permission to kill their ward.
Sara was not permitted to attend, have any input nor know the results of said meeting until a week later.
In fact, prior to Sara’s official notice from the Ethics Committee, the Committee had already arranged and conducted meetings with Gary’s estranged children, his mother, and unbelievably – even his ex-wife!
He is denied second opinions, He is a veteran and even the VA is denied to evaluate, why? What is it they are trying to hide?
The law was written to protect and preserve the ward.
Sara feels that Gary has been kidnapped and is being held against his will as what she believes a medical hostage for the profits and purely private interests of persons and entities who have no legal authority or business being his court appointed guardian.
New York law clearly prohibits the public guardian from attaining guardianship, and serving as guardian, in the manner so attained and within the plain and obvious conflicts of interests as do in fact exist in this sad situation.
The County nursing home where Gary resided for 2 years --- is assured a resident and payment, and when the community hospital became the residence for Gary nearly two years ago, the same county attorney who, from his part-time private practice is counsel for the hospital, counsel for the guardian, counsel for the county, and counsel for the public guardian, and the ole "Robed One" thinks we are all stupid and do not recognize the obvious, who also worked for the same law firm.
Every attorney involved works for the same law firm Davidson & O'Mara.
Chemung county law department is a public agency that has a duty to protect the people in its community, the vulnerable, elder and disabled turns this into a business for their private clients.
A few of those attorneys Bryan Maggs and Donald Thomson from their public office are also private practice associates with Davidson & O’Mara P.C. St. Joseph Hospital where Gary currently resides, Dr. Corbalan who had a malpractice suit found to be above average and chosen by his protectors, appointed guardian department of social services (DSS), his designated guardian APS(adult protective services) and his assigned case worker APS and all have the same theme in common Davidson & O'Mara attorneys, and Judge O’Shea ignores, or denies Sara’s motions to disqualify and take judicial notice. When every attorney involved works for the same law firm Davidson & O'Mara . How does Sara Harvey who has no attorney, fighting alone ever get a fair hearing and/or trial?
St. Joseph Hospital billed Sara’s private insurance nine hundred and thirty two thousand ($932,000) last year, out of those submitted claims eight hundred ($800.00) were for therapy.
Davidson & O’Mara’s client has a lot to lose if Gary were permitted to return home or placed elsewhere. Does anyone other than Sara see the very obvious motive?
According to Sara, “Gary has suffered abuse, neglect and pure isolation from his court appointed protectors. “You go to them and complain and they are not going to admit they are abusing and exploiting my husband” says Sara. Routinely he has surgery, like clockwork.
Anyone can see the pattern and fail to protect him from unnecessary surgical procedures because of negligence. Sara strongly feels that her private insurance should not have pay for their negligence.
There have been 6 substantiated investigations from NYSDOH.
1- Staff abuse
2- Oral care
3- Positioning
4- Swallowing a mouth guard
5- 2 instances of Medical records authentication
Sara reported the 15 episodes of sepsis in a 2 year time frame to NYSDOH. Neither St. Joseph hospital, nor Chemung County nursing facility has reported this per public health law 2819. Bed sores, and a dislocated hip that Sara recently learned about but was never informed of.
Sara has no say in the matter; the county uses HIPAA as their shield for protection. She reports the abuse and neglect with documents to the district attorney Weeden Wetmore who sees no crime, and his trail goes back to Davidson & O’Mara. She reports it to Gary’s court appointed attorney Kevin Moshier from MHLS and unbelievable his trail goes back to Chemung County Law Department via. Davidson & O'Mara he wrote to her “Some of your concerns might well merit your advocacy, but not necessarily mine”. News reports and task force from former Attorney General and now Governor of New York State Andrew Cuomo that it is a crime endangering the welfare of an incompetent or physically disabled person.
Let’s further examine this, the appointed case worker, who works for APS and part time employee of St. Joseph hospital who in turn approve these routinely surgical procedures that are being billed to Sara’s private property insurance policy…no prejudice here.
Perhaps there are those in New York such as the NY Law Commission who define a “Person” as a corporation, “public” corporation, business trust, estate, trust, partnership, joint venture, governmental subdivision, agency or a instrumentality of any other legal or commercial entity, but in the real world with real “Persons”, we in society commonly refer and know a “person” to be a “Human Being”.
I don’t consider your spouse, children, grandchildren, aunts, uncles, grandparents or friends as anything other than that of a “Human Being” to be honored and dignified with natural and constitutional rights as provided under God’s Law as well as man’s law entitled to rights established by our forefathers in the “The Constitution of the United States”.
Gary Harvey has been institutionalized for more than 5 years and isolated from the love and compassion of his wife.
Gary deserves the love and companionship of his wife, the comfort of his home and friends. Not only is it inhumane to continually deny him quality care, treatment and testing but cruel to continue restricting his wife's visits. She is not the one who tried to kill him, his guardian—Chemung County, and St Joseph Hospital are.
Death Panels do exist.
The crime against disabled, vulnerable and elders is growing.
This is a new wave of income for the crooked lawyers, judges and appointed guardians. The law is designed to steal and they all know the tricks. Watch out baby boomers you are next and Gary is one of them.
What happens when state government breaks its own laws?
They make new ones. AOLTC --- AnOpenLetterToCongress.info.
Gary is on page 4 titled DNR as Punishment for Wife’s “Interference”.
You have no rights…not even if you are legally married. The marriage vows mean nothing in this county.
Sara says “If I had not taken my plight to the media, I would be a widow. They tried to end his life and these people are still in control and managed to attach an unlawful DNR to him. How sick does that get?”.
The wards/victims and family members can only sit and helplessly watch while the spider comes for his meal, sometimes being spoon fed by judges that are also players in this extremely unbalanced game.
The meal is comprised of the person’s life, liberty and property.
In order to snare you in their web so that the spiders could retrieve their meal. Truths are twisted and lies are told when the truth does not serve certain needs. Therefore, potential activators are set in place to start the weaving of the web to achieve Faustian outcomes. According to Bryan Maggs, District Attorney, they conducted an “ASSET RESOURCE” investigation to uncover anything in Gary’s name that may have financial value. Of course, according to him, this would be to qualify him as a perfect candidate for permanent guardianship but would be dependent upon what they would uncover in regards to money or instruments they could convert into.
The county has robbed Gary the quality of life he so richly deserves. End result who’s interest and benefit are they really protecting, while my Gary remains as a “cash cow” for them?
Gary has no adequate remedy of law in this county.
Sara says “They have divorced us. I have been traumatized, abused, harassed, financially, physically and emotionally drained because I fight for what I believe to be true for my devotion and love for my husband. I spend all my free time educating myself to understand the legal and medical language, researching, seeking help for my plight, while working a full time job to provide insurance for my husband. It is not required of me, but I do, because I know that is what keeping him alive.
If I take my husband off my insurance I fear the county will attempt his life again. I have written thousands of letters to the state, and federal officials and all I get for an answer is “this is a legal matter; you need an attorney”, a legal matter that was created and continues by my husband’s abusers who all get paid by creating myths to keep the litigation going in order to run up the legal fees and administration fees from the state and federal funding they receive. The legal games they play break you financially fighting the injustice system and lose you in the game of legal fiction that is presented and accepted before the courts. It’s sort of like putting a puzzle together and there are a gazillion pieces”.
Let’s just say it probably is not in their best interests to provide clear cut language with any type of transparency if they want to keep this lucrative enterprise rolling. But if someone does catch wind of this, they do what they do best. They bully them into submission with other players in strategic positions to intercede and squash any challenge that may result from this David Vs. Goliath matched game with one’s life, liberty and property as the ultimate prize or the destruction thereof.
Very few walk away with the life, liberty and property intact after they have been legally battered and bruised which I equate to “Legal Abuse Syndrome”.
To sum it up the players in Sara’s case determined they wanted her gone and Gary’s assets and a source of income that could be made but in order to achieve this they needed to discredit her by making her look bad because apparently there was another agenda brewing.
This agenda would exclude her in every capacity with the exception of paying Gary’s medical insurance premiums. Unfortunately, despite their arduous efforts, they failed in their attempt to find factual evidence which would incriminate so they created them from tiny minuscule’s of truth and twisted it so much that it created a bias toward her and that is apparently all it took. After all, in this county it is political suicide to get up against the establishment and none stepped up to the plate with Sara.
These players that have proven to have their own agenda complete with an entirely different set of rules and regulations that would apply ONLY to those unfortunate enough to have been caught in the spider’s web which in this case is the guardianship system or should I say enterprise and a very profitable one at that.
Included, is what would appear to be the ultimately stacked professional team of intense players that have been playing this game for a long time, as if they didn’t have enough arsenal already with all their city and county attorneys, political offices and jurisdictional interagency with unconstitutional powers and authority.
As if this weren’t enough for them, they even bring their own referees in the way of judges. These referees will call the shots, blow the whistle and control the clock against their unmatched opponent which is “Sara”. They then call the game to declare victory to an already pre-determined winner. The means of how they get to the victory marker is all just an annoying inconvenience they have to perform for show.
There are no kind words for the injustice that Chemung County New York has visited upon Gary Harvey and his wife Sara.
The County Department did not file for an Adult Protective Services guardianship, but the county attorney shows up unannounced at a purely civil/family court proceeding, and secures the county Department as guardian.
On August 3, 2006 , after reading the guardianship papers lacking only Sara’s signature and Judge Mulvey’s, there were questions about Sara’s legal right to sign stock over that she did not own, if it was in Gary’s best interest to relinquish an asset that may translate into future care? Sara notified her attorney that he agreed to something that lacked her understanding. She expected him to make her aware of why he made the agreement, if it advantageous to Gary.
She also did not think She had a legal right to sign over stock that didn’t belong to her. Sara’s attorney replied with a letter to the court that suggested that “a woman has a right to change her mind” which seemed to infuriate everyone including Judge Mulvey. A temporary guardian was appointed, Sara’s was negated, and a new hearing for guardianship was set for February 1, 2007.
Meanwhile, totally shocked and disappointed by what had happened, Sara felt there was no choice now but to seek out a new attorney familiar with guardianship matters. The delay was seen as injurious to Gary and his chance to go home for a total and complete recovery.
December 8th 2006 Sara sent Judge Mulvey and others involved a letter asking him to allow her to replace Mr. Groff and to return her files. She was advised that she needed to do this a pro se.
This she thought would allow her time to retain another attorney and supply him with her files. He accepted her request to replace her former attorney of record, but said he thought he lacked authority to return her files.
December 12th, 2006 Mr. Peter Finnerty was retained prior to Sara’s February 1, hearing, but just before court recused himself due to a conflict of interest and advised Sara to go pro se. Low and behold he works for the county and Bryan Maggs is his boss. Sara now was without an attorney, advised to do what she couldn’t do, and had no files to proceed with.
She entered the courtroom frightened, bewildered and expecting only Judge Mulvey, an attorney, and herself. Instead, there were a lot of people there who it later turned out were witnesses who had signed affidavits against Sara regarding her conduct at CCNF and St. Joseph’s hospital.
Judge Mulvey said to precede pro se and held the trial fully aware of Peter Finnerty’s recusal, his denial of her files for lack of authority, and a roomful of witnesses who provided attorney’s for Chemung County with Affidavits laced with innuendo and distortions that she was ill prepared to factually rebuke. Clearly Judge Mulvey should have granted an adjournment sufficient for her to retain yet another attorney to defend her and prevented a moral and spousal injustice.
Do you think the government should control what course of medical treatment you receive and whether you live or die, who provides for your personal needs rather than your family?
Do you believe that government should be able to deny examination and treatment of you by personal physicians who have known and treated you? Do you think the government should determine your social environment and other social aspects of your life including who visits you and for how often and how long and supervised , especially your family and friends if you should become incapacitated with no facts based on innuendos, hear say?
Do you think the government should decide whether you live or die, even imposing a do not resuscitate order (DNR), decide to end your life in the absence of a living will and not knowing what your wishes are?
Gary Harvey remains today in the hands of his abusers, the very same people who tried to end his life.
Sara is now representing herself in Federal court, if you know of someone that can assist her in the Federal Court Judicial Office please contacte therighttolife@activist.com
Tune in to the 2 hour broadcast with Sara Harvey to learn more about the injustice to Sara & her husband Gary Harvey: http://www.blogtalkradio.com/chikchat/2012/02/13/monday-02132012-6pm-est-help-bring-gary-home
Credits Sara/Gary Harvey
Published by Barbie Nemeth
02/13/2012
