Family of Terri Schiavo join custody fight

HORSEHEADS, N.Y. -- Gary Harvey has been in a vegetative state since 2006 when he fell down the stairs of his home while intoxicated. He suffered a severe brain injury.

Custody was given to Chemung County after a judge ruled his wife Sara was unfit to take care of him.

Sara has been fighting to get this decision overturned, and now she has the support of a family who has been through this first hand.

In March of 2005, Terri Schiavo died after her feeding tube was pulled after a lengthy, high profile court battle in Florida. Her brother and mom held a conference in Elmira Monday to announce their support for Sara's fight.
"Yes, it's very similar and that's what's so upsetting to see Sara have to go through something like this. When you have someone standing by and wants to bring a loved one home, in this case a husband, and she's being told no," said Bobby Schindler, Terri Schiavo's brother.

Sara says this is just another measure she is taking to bring her husband back home.

"Gary I love you and I'm fighting for you. I'm not going to give up and I'm not going to turn my back on you," said Sara Harvey.

"It's just horrible how they're treating this woman when she simply wants to care for her husband," said Schindler.

Just prior to Bobby Schindler's conference, in which he showed support for the Harvey family, Chemung County attorney Brian Maggs held a press conference of his own. He wanted to tell the county's side of this extremely complicated story.

"All the county is doing is complying with the court order to act as guardian, in accordance with the way the court and the guardianship law reads," said Maggs.

Maggs says there are several reasons why Sara Harvey was not given custody in the first place. He says one time she was caught wheeling him out of a nursing facility to a park and acting inappropriately with him. She later cut a piece of his tracheostomy tube that she says was defective.

And another instance when she tried to give Gary oral stimulation.

"Substances like jello and whipped cream and she was found to be putting these things in her husband's mouth against doctors orders," said Maggs.

When asked if she was ever putting whipped cream or jello in her husbands mouth, Sara had a simple answer.

"No I wasn't," she said.

It's obvious this is a story with two very different sides, but because the records are sealed only those involved know what really happened.

Sara Harvey's visitation rights have been taken away. She has presented the state supreme court with an application to remove Chemung County as the guardian.

No word yet on when that court date will be scheduled.
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[imamensa]

Why have the records been sealed? Guardianship records are supposed to be public records. I notice attorney does not even mention the facility's track record of violations with the state of NY! Jello and whipped cream... come on now attorney Maggs... you should be ashamed of yourself and reported to the bar or senator sampson!!

[helensniece]

The only reason Magg's was forced to hold a news conference was because the Schindler's came to Sara's side.

This is not about what is right or in the best interest of Gary it's about power and control.

Look at the recently released "innocents" who have been wrongly incarcerated proven innocent via DNA does anybody see anyone saying: I'm sorry or we're sorry for our mistake?

Magg's and company will continue to blame the court, point their fingers at Sara and go back under their rocks.

[ohwidow]

Glad the other family is on board, maybe getting that and more media attention will help be a key point. Be strong I know from our fight, see my channel, APS is WRONG!

[scuds2]

I am so pleased the Schindlers standing up for Sara Harvey.

All she wants to do is bring her husband home and take care of him for his final days.

Imamensa's right, why are the records sealed? Could it be to cover up the County's abuse and neglect?

Maggs is as transparent as they come. He should be ashamed!

[stopguardianabuse]

Notice Maggs' body language. Not only does what he says not seem credible, but neither does his delivery.

Sara Harvey has protected her husband from her court-appointed "protectors'" attempt to terminate his life, and for that, she is retaliated against.