Wednesday, January 9, 2013

Case continues involving guardianship of brain-injured man

Motions will be argued later this month as part of a Horseheads woman’s legal fight to end Chemung County’s guardianship of her brain-injured husband.

Bobby Schindler, the brother of Terri Schiavo, is petitioning to serve as guardian for Gary Harvey, according to the Terri Schiavo Life and Hope Network, of which Schindler is executive director.

Motions are scheduled to be argued beginning at 9:30 a.m. Jan. 30 before state Supreme Court Judge Judith O’Shea, the Chemung County Court Clerk’s Office confirmed.

Harvey suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006 and remains in a persistent vegetative state.

His wife, Sara Harvey, sought guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.

Sara Harvey has said that her husband has suffered under significantly inadequate care and has fought in state Supreme Court for guardianship.

Attorney Christopher Johnson filed Schindler’s petition, the county clerk’s office confirmed.

Mary Schindler, Schiavo's mother, was a Corning native and graduated in 1959 from Northside High School in Corning. Her maternal grandparents, the late Mike and Cecilia Tammaro, also lived in Corning, where Mike Tammaro managed Keenan's Rexall drug store.

Schiavo, who was diagnosed as being in a persistent vegetative state, was at the center of a series of legal challenges that resulted in a seven-year delay before her life support was terminated in 2005.

Full Article & Source:
Case continues involving guardianship of brain-injured man

Sites Sharing Press Release:
Deacon John's Space

See Also:
Schindler's list: Terri's brother now saving others

Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist


Anonymous said...

Thank you Ray Finger for your interest in the story. I hope you will be there along with all the other major media sources that has been invited for this earth shaking event.

Sara Harvey said...

The county said they never wanted to be my husband’s guardian, let’s see if they meant that. Now my husband has someone and this is Bobby Schindler and Attorney Christopher Johnson. Now my husband has a chance for a better life. Free from isolation and warehoused where he is forced to live by people who do not care or love him.

Donna said...

I pray Kevin Moshier stands up with Bobby Schindler. They would make a wonderful team.

For once in Kevin Moshier's life the supporters of Gary and Sara Harvey hope he does the right thing.

This is the next best thing to happen other than being with his wife and home to someone else that cares enough about life and the quality of it. That is God, Bobby Schindelr, and Attorney Johnson.

Johnny V. said...

Donna sadly what makes you think Kevin Moshier will do anything right by what his client Gary Harvey would want? As I understand it reading some other articles through the years he sold his client Gary Harvey out.

Anonymous said...

Maybe Kevin Moshiers spots will change Johnny.

ielmira said...

Boy I hope this does not turn into a 6 year saga. This county tax payers has had enough paying the legal fees and all the other mula that is being dished out over this case.

StandUp said...

Kevin Moshier has an opportunity to be very instrumental in Bobby Schindler's petition. Which side of the fence is he going to take a proper stand on? The County's? Or Gary Harvey's?

Betty said...

I am so happy to see support growing so fast for the Bobby Schindler filing on behalf of Gary Harvey.

Diane said...

Psalm 72:12

He will rescue the poor when they cry to him;
he will help the oppressed, who haveno one to defend them.
He feels pity for the weak and the needy, and he will rescue them.
He will save them from oppression and from violence, for their lives are precious to him.

Diane said...

ielmire said the county tax payers have had enough paying the legal fees and all the other mula that has been dished out in this case and he has a point. Why is the county expending exorbitant amounts of legal fees on Gary Harvey when the county should be using those monies to protect its citizens from all the toxic and possibly radioactive shale that is being dumped in their MUNICIPAL landfill that is not rated to hold hazardous materials. Why isn't Senator O'Mara using his legal team to protect the citizens that already have one of the highest cancer rates in the country from possibly radioactive shale they graciously invite from PA from the hydrofracking? As I understand, their landfill sits adjacent (within several feet) from a water source that some of these folks drink from. Why is the county turning a blind eye by allowing their land, wetlands and other irreplaceable resources to be irreversibly devasted without any consideration for the environment as indicated by lack of environmental impact reports. That's what the citizens need protection from and their legal monies spent on, instead, they see Sara as the boogeyman and go to great lengths to protect Gary from a loving wife who has been his only protector. They need to look in the mirror or better yet, look in their landfill that will undoubtedly one day, find it's way into their water supplies if it hasn't already. Where is their Senator O'Mara on this issue, oh, that's right, his firm is too busy fighting Sara Harvey who fed her husband jello and took him for a walk in the park.

Anonymous said...

StandUp most likely he will do the coward way out and side with his pals.

But hey if he still goes to church and still has religion God will speak to him.

Darla said...

The first time I heard about this case, I couldn't believe it. How can the government divorce a couple against their will? And that's what's happened here. It is very chilling.

I hope and pray Bobby Schindler's petition is successful, for Gary Harvey's sake.

Albert Einstein said...

The world will not be destroyed by those who do evil, but those who watch them without doing anything.

Keith said...

Diane they are using mrs. Harvey's love as a tool to try and control her. They want her to keep her mouth shut when she reports them. This is sick and yet they keep getting away with it. Someday the tide will turn.

Deborah said...

Those are just allegations Diane. Did anyone see Sara feed Gary Jell-o? NO! and if she did where did the jell-o go? They claim he can't swallow. Which is it?

Another thing exactly what medical advise did Sara not follow? As I understand it that allegation was not spelled out.

Was it perhaps Sara wanted an independant medical second opinion?

Was it she took her husband outside with permission and the attorney's involved failed to report that to the court?

If she followed their medical advise in 2009 she would be a widow today.

Sue said...

Forced separation of husband and wife - shame on you, what a disgrace ful display of the system and since I want to be fair, I wish you experience the same torment.

KARMA Chemung County

Finny said...

I think what has happened here is the absolute best thing for Gary Harvey and it's a chance for the current guardian to show they really do have Gary Harvey's best interest in mind, as they are resigning and turning the guardianship over to Bobby Schindler.

Mary said...

You know what? Motions shouldn't have to be argued on 1/30. This can all be taken care of now and the papers signed on 1/30. I would think the guardian would be in a hurry to get this done!

Jane said...

Finny your absolutely right. Away from the friction and put Mr. Harvey's best interest at heart and that would be Bobby Schindler.

Bobby knows about brain injury, he has first hand experience of his own personal life. Bobby Schindler understands that Gary is a person, a living soul that God put on this earth. Bobby Schindler understands that Mr.Harvey can not communicate they he did before his accident. Everyone seems to ignore that Mr. Harvey can hear, he breathes on his own, his heart pumps strongly longing to be free and be with his wife.

It is up to God.

Mike said...

Bobby Schindler is an answer to Gary Harvey's prayers!

Jack said...

Bobby Schindler is the answer to everyone's prayers.

The county should be relieved that someone else wants to take over guardianship.

Richard said...

I am praying for Gary Harvey. God Bless Bobby Schindler!

Anonymous said...

Gary Harvey will be in safe and comfortable hands with Bobby Schindler.

B Inberg said...

Bobby Schindler has world wide reputation of respect. Give it up Chemung County you've been exposed.

Prayers for Sara and Gary Harvey. With much gratitude to those who are supporting this effort including to Attorney Christopher Johnson, who deserves recognition and admiration for his role in this worthwhile effort. Thank you.