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

December 27, 2012 · By Carrie K. Hutchens · 3 Comments

Sara and 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.
Many of us know they have surveillance cameras in the room because someone called in saying Gary’s life was in danger? Though Sara had nothing to do with this incident and was never suggested as being the possible threat being reported, guess who they use the cameras to watch? You got it. Never let a crisis or a lie go to waste. Take advantage and twist it this way and that way, until the outcome is able to be used against Sara Harvey.
Sara is treated as though she is some outsider that has no right to be concerned about Gary and that even if she does — it’s a bother addressing the issues brought to their attention. They get annoyed if she doesn’t accept the prepared response that might be leaving out some important aspects. How dare she? She’s only the wife. The person Gary picked to spend the rest of his life with.
A representative on the County’s side, Don Thomson, said he didn’t care what Sara’s expectations are. In other words, she’s nothing to him but a bother… a thorn in the side… something to be wiped off the bottom of his shoes. After all, she did challenge those in authority and attempted, as a non-attorney against attorneys to utilize the court system — they don’t take too kindly to that, it would seem.
Gary Harvey lives in isolation. He is allowed 4.5 hours a week visitation with his wife and the guard. That is, unless the County thinks up a new excuse to restrict or deny the visitation further. Needless to say, I find the behavior on the guardian’s side to be cruel, rude and very unprofessional. That opinion hasn’t changed in nearly seven years. Instead, it has been confirmed over and over again. However, there is now a new twist to the case.
Bobby Schindler, the brother of the late Terri Schiavo (the Florida woman who was court ordered to be starved and dehydrated to death by Judge Greer), has filed a petition in the Supreme Court of the State of New York, County of Chemung on December 21, 2012 to become guardian of Gary Harvey.
According to the official Press Release:

“I have raised the question many times, ‘How can Chemung County, Guardian of Mr. Harvey, be acting in his best interest when they, in fact, tried to kill him?’ From all indications, it appears that Mr. Harvey has been warehoused and denied the opportunity to receive the care and rehabilitative services that would benefit his condition,” stated Bobby Schindler.
It is the hope that with this filing, the court will recognize that Mr. Harvey deserves the chance to receive aggressive therapy and rehabilitation. Certainly from Mr. Schindler’s experience with brain injured persons, he would afford Mr. Harvey the help he needs in the hopes to significantly improve his quality of life.

Didn’t the County claim there was no one available to be Gary Harvey’s guardian, so they had to step in? Well, now there is. Now there is Bobby Schindler. So, now, with Bobby Schindler willing and available, the county can feel free to resign and step out of the picture. Their services, even according to their claim, are no longer needed.
It is time that Gary Harvey be treated with the care and dignity he deserves. Bobby Schindler, as guardian, will assure that he is.

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