- Govanor Rick Scott in Tallahassee Florida
39 year old woman seeks time served w/ terminal breast cancer diagnosis due to DOC negligence
Because the crime does not warrant a potential death sentence. Bottom of state guidelines were met. I will be on chemo for the rest of my life and getting time served will save taxpayers thousands of dollars
- Govanor Rick Scott in Tallahassee Florida
My name is Heather Noelle Manning. My friends and family call me Noelle. In 2005, I went through breast cancer and consequently got addicted to pain pills. My family and I were searching for a rehab and could not find one to take me because of being on a maintenance form of chemo. Finally, we found one; and four days before I was to check in to rehab, on March 30, 2007, I was arrested for drug and drug-related, non-violent charges. I had no bond. At the advice of my attorney, I pursued a downward departure which allows judges to sentence people to get help at rehab rather than prison. The state offered 69 months, but, once again at my attorney's advise, I turned it down to try to get the help I needed. I sat in County Jail for 18 months, and on September 15, 2008, I was sentenced to 10 years (four years beyond the guideline for the crime.) I was devastated! It took me away from my precious son and family. The hardest conversation I have ever had was telling my nine year old son that I would not be back until he graduated high school.
I entered DOC and should have been a high-priority case because of my history. It took eight months for me finally to begin seeing an oncologist. I had a mediport that needed to be flushed every month. If it is not flushed every month, a clot can throw and death will be a possible result. It was flushed one time in the 68 months I was there. I was told that I would go to confinement if I pushed the issue. In the medical field, it is protocol to have a cancer-specific blood test called CA-27.29 and PET scans done every six months. I addressed the issue about the blood test several times and was told no that they are not reliable. In July 2012, I found a lump under my right armpit. After many requests to Medical and many phone calls by my family, I was finally seen by the oncologist in late August 2012. It was not until then that I was given the CA-27.29 test. The results of that blood test showed very high levels of cancer cells in my body. A biopsy was ordered but never done. Finally, in October 2012, after many phone calls by my family, a CT and bone scans were done. I was told that I had Stage 4 metastatic breast cancer--a return of the cancer for my second time. It had spread to both lungs and bones. The cancer had spread into my left shin, right thigh, pelvis, nodules on my rib cage, in my spine, in my neck, in my right shoulder, and on my head. A simple blood test could have detected this much earlier and would have prevented it from spreading to this magnitude. On November 2, 2012, I was released on a Conditional Medical Release which is very rare. I am on house arrest, and DOC took away all of my gain time. The only time I can leave the house is for church and medical appointments. I was given six months to live, and DOC is monitoring my medical records now; and, if I am not dead in six months, they have the option of bringing me back to prison to finish the rest of my time. This could possibly be a death sentence to me because of the negligent care I have received prior to this. My family had health insurance on me. The cost of my treatment runs around $63,000 a month. I was told by my oncologist out here that I will be on chemo the rest of my life. If I am placed in DOC again, the taxpayer will absorb the cost of my medical treatment rather than being paid by private insurance as it is now. On April 12, 2013, I have a motion to go before the sentencing judge requesting "time served". I have satisfied the state's regulatory bottom of sentence guideline. If I am returned to DOC, it will be a death sentence because of the care given, the diet, and stressful environment. My crimes do not warrant a death sentence. All I want is to spend the rest of my days with my son and family building memories and living life to the fullest as specified by three different doctors. If I go back, I will die alone, and I have a short time to live. I had a short time to get a lot of signatures because I just found out about this site yesterday. I pray that this touches your heart, and you will sign my petition and forward it to all the people you know. May your lives be blessed to the fullest.
Respectfully, Noelle Manning
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