Friday, December 28, 2012

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

Sara & Gary Harvey
How long has it been since Gary Harvey fell down those basement stairs? Some days it seems as though it was only yesterday, but it wasn’t. It was January 21, 2006. It has been nearly seven years and little has changed, since the county took over and began their reign of merciless dictatorship.

Oh, Gary & Sara Harvey have gotten seven years older and he is no longer in the nursing home, but a ward connected to St. Joseph Hospital. Only his location has changed, as the desperate and uncalled for battle goes on with the power hungry feeding upon, demeaning, and controlling this husband and wife.

On December 10, 2010, I wrote:
Amazing! I can actually recycle my article as if it was current and remaining accurate. How often does that happen?
Here it is the holiday season of 2010 and Sara Harvey gets a letter from Bryan Maggs, Chemung County Attorney, stating that her visitations with Gary are suspended immediately. Isn’€™t that the same gift they offered last year? I’€™m so impressed with the repeat gift and the timing –” NOT! (Wife’€™s Visitation in Jeopardy: The Recycling of Gary Harvey’€™s Holiday Restrictions)  
Would anyone be surprised to learn that Sara didn’t get to visit Gary on Christmas Day 2012?

It isn’t often that one can continue to recycle articles and pretty much be assured that there is going to be some excuse… some mistake… some problem raising it’s ugly little head and taking away anything that could be considered special for Gary and Sara, especially during this special holiday season. It isn’t often, unless the articles happen to involve Gary and Sara Harvey, Chemung County and St. Joseph Hospital.

Anyone see a pattern?

Where has Kevin Moshier been? Silent once again?
Guardianships are like adoptions in that it is the obligation of the guardian to look out for the ward he has been put in charge of. Unlike adoptions, the guardian is supposed to act on behalf of the ward and make decisions as the ward would make for self if capable. And then there is the attorney to insure the rights of the ward. So, where has Kevin Moshier (the appointed attorney) been when Gary Harvey’€™s wishes have been trampled upon?
 As I reported in the past, “€œGary Harvey is the brain injured man from New York, who seems to have his own private “€œdeath panel”€ determined to kill him off and to make his and his wife’€™s life as miserable as possible, ‘until the sentence is carried out. One might think it could get no worse than it has been. One should never think such thoughts, lest one (or more) be shown that –€” for however bad –” things can actually get worse!  
Just where was Kevin Moshier, the attorney who should be representing Gary against any wrongs, when the so-called ethic’€™s committee wanted to put Gary down by starving and dehydrating him to death? Did he stand strong and ask what these people were thinking and why they would even consider such a thing? 
When they put the DNR on Gary, did Kevin Moshier demand they lift it?  
When Sara Harvey’€™s visits with her husband were restricted, did Kevin Moshier step up to the plate and say, “€œI don’€™t think so. This is not what Gary would want. This is not in Gary’€™s best interest. Gary has a right to have time with his wife.”€ Did he? Of course he didn’€™t.  
Sara is a danger to Gary? I didn’€™t even go to law school and I can see that the case against Sara is trumped up and so full of holes that even a pre-med student could dissect it in a few moments. But Kevin Moshier couldn’€™t or can’€™t?  
Even more amazing is the fact that it was the guardian & pals that tried to kill off Gary, with Moshier quietly hanging out, though it was Sara who was, and has been, labeled the danger. (I have trouble getting my reality oriented thoughts around that one.)
What about the press conference where information was given about Gary Harvey’€™s case that should not have been given? Information that I believe was to turn people on Gary. Did Kevin Moshier do anything about that? Did he file on those responsible? ~ (August 5, 2011) The Silence of Kevin Moshier
Gary’s life is in the hands of these county vultures. Yes, the very group of people who attempted to have their ward starved and dehydrated to death, claiming he was terminally ill. Oh, but it is Sara that they treat and report as the threat? The irony is beyond belief. However, these people have not fooled everyone, nor have they covered their tracks as well as perhaps they think. The day will come when they answer to the one they can hide nothing from. It will be a day their cold hearts shall be placed in judgment and every cruel thought and action shall be reviewed.

Gary Harvey does not need to be under the guardianship of the County. He is their ward due to half-truths, non-truths, attorneys backing out at the last minute, attorneys not doing the job but taking the money and things such as that. They think we don’t know all this, but many of us do.

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

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


david said...

Th local government should stay out of family lives unless it warrants a court order to intercede.

What happened here is wrong. No police report, no crime committed just the love for a husband and wife that has been destroyed by the local club.

Anonymous said...


It is time that Gary Harvey be treated with the care and dignity he deserves. Bobby Schindler, as guardian, will assure that he is.

No more isolation!!!!

Sara said...

Finally maybe my husband can be free of the political and local system. A good law that has gone bad indeed.

Thank you Carrie Hutchens for your continued support and interest in exposing the wrongs in guardianship.

Dana said...

This should be a wake call to our courts, government officials, the local good ole boys club across our nation.

Connie said...

Unexpected twist all right, but wow, what a good one indeed!

Sara Harvey said...

The world will not be destroyed by those who do evil, but by those who watch them without doing anything. Sound familar to anyone you know?

Never sacrifice who you are just because someone has a problem it.

Ed said...

Good luck, you definitely deserve a break in this nightmare you are living.

StandUp said...

A very well written article! The County has treated Gary Harvey as if he were a file folder instead of a human being. Now, he has a chance and a future.

We must never give up hope that a miracle might come along and rescue those who have fallen prey to guardianship abuse.

Anonymous said...

I am sure as the sun rises in the east and sets in the west that tomorrow the county will continue to bill Sara's insurance company that Sara goes to work to pay for!
This is all an injustice that happens far too regulary.

Andrea said...

I just found you guys through a FB post and I am shocked about this. How incredible it is that human beings can be treated so cruelly.

I am happy that Bobby Schindler has interceded in this tragic case. And I agree with Anonymous' comment that he will assure that Gary Harvey is treated with dignity and respect.

Thank you for the good work you are doing NASGA.

Finny said...

Denying Gary Harvey the right to be with his family on a family holiday is cruel and sadistic.

I support Bobby Schindler's petition!

honeybear said...

Bobby Schindler is a gentleman and a true advocate. I will never forget what happened to Terri. It was wrong and it was terrible. It's an event we should never forget.

I can imagine Terri looking down at her brother and smiling at what he's done for Gary Harvey.

Jackie said...

When we are hurt or sick, we most need our family. Gary is no different. For his guardian to deny him his family, illustrates the guardian does not have Gary's needs first and foremost in his/her mind.

The guardian needs to be removed.

This is a very well written article and I appreciate all the support the author and NASGA have given this family.

Anonymous said...

It sure is a culture shock what this country "land of the free" has become believable by bureaucrats and dictatorship. This is our BIG BROTHER doing his work for Satan

Xander said...

I just couldn't be any happier for Gary and Sara Harvey. Everybody wins here, most of all.

Molly said...

Most importantly is that Gary Harvey will no longer be needlessly, pointlessly, without cause, unnecessarily, criminally be isolated from his wife, family and friends. It is time this couple to heal and reunite as it should always have been.

Michelle said...

I just bet Harvey's guardian was enjoying his family on Christmas, while Harvey lay there all alone.....very sad.

Donna said...

I have read every article Carrie Hutchens has done on this case. If you go to the article link at the end of this article, you can see a list of articles Carrie has done and they're all great to read. She explains things very comprehensively. It's too bad Chemung County wasn't reading as they might have gotten the idea that Gary Harvey needed his wife. If they'd have treated Gary Harvey right, things could have been a while lot different.

Anonymous said...

The answer to Kevin Moshier's silence is simple...Google him... he is a former county employee and Justia shows that his practice areas are divorce and family law.

He can still do what is right for Mr. Harvey and change the image he painted for himself in this sick case. Lets all pray he does what his client would want.

Ruthie said...

Compassion is probably not in the job description of a guardian but it's desperately needed and probably assumed that a guardian would be compassion. Chemung County has not been compassionate to Gary Harvey or his wife and they should be ashamed of how they have treated both.

Gary Harvey has a chance now. A compassionate human being who is more than qualified to be his guardian has stepped forward.

Now it's time for the judge to show how much compassion he has for Gary Harvey.

Bobby Schindler, you are a wonderful person.

Anonymous said...

I hope Kevin Moshier puts Gary's best interest first this time.

Gloria Jean Sykes said...

It's pathetic that loved ones cannot associate with their family just because they are Wards of the State. Unless Gary has made it clear to authorities he does not want to communicate (via telephone) or associate with his wife, Sara, NO ONE CAN PREVENT Gary from associating with Sara! Suffice, this isolation from family and friends is simply unimaginable and unconscionable in America! That said, isolation of an elder or disabled person is classic elder abuse, as outlined in both of the recent COA reports. Guardianships are not in place to cause the Ward pain and suffering, or that of the family, but to assure that the Wart is protected from abuses! What we know is that the laws and statues are in place and not even a Judge has the right of discretion to break those laws. What is unfortunate, is that the Probate Courts ssee a Ward as dead in life: one must ask if a probate Court is the right venue. Nevertheless, none of us have or were able to associate with, let alone talk to on the telephone with our loved ones this Holiday or any Holiday with the Court(s) sanctioned the abuses. My mother, Mary G. Sykes has the right to associate with me, her sister Yolanda, good friends Scott and Doris Evans, et al, just as Gary has the right to associate with Sara, his wife. I pray that Bobby Shindler makes a difference and that this case is a model for other cases and the cycle is stopped. What is needed is more people like Bobby to step up -- but for now, thank you Bobby, as there is no greater gift to Gary that giving him back his freedom, liberties, and rights of association -- especially with his wife and best friend Sara.

Dan said...

Anonymous said: "I hope Kevin Moshier puts Gary's best interest first this time."

How about putting what Gary would want as it should have been from the very beginning of this married couples unfortunate tragety.