Yep, the Schindler's attorneys chose not to introduce any.
Thats inaccurate. He saw the evidence and played games with it.
Whittemores footnote says': “Plaintiffs have submitted affidavits of health care professionals regarding Theresa’s medical status, treatment techniques and therapies which are available and their opinions regarding how and whether these treatments might improve Theresa’s condition. Plaintiffs have not, however, discussed these affidavits in their papers and how they relate to the claimed constitutional deprivations.”
He is holding a standard that doesnt exist. There is evidence that suggest the possibility of a different outcome in a new hearing. He chose to disregard it.
Sorry the affidavits were from doctors that had not examined Terri Schiavo. Dr. Chesire oberserved her. His statment about her abilities came from a video that was made by Dr. Hassenfahr. An MD who methodology is suspect at best. Dr. Chershire states he did not observe any of the things he claimed she could do. He said he sensed that a person was in there. Sorry.
I'm not even sure they were admissible into evidence, since you can't cross examine an affidavit and the witnesses were available.
The judge had no choice but to ignore them. They were obviously thrown in as an afterthought.
What's double stupid is they had a chance to correct that mistake when they went back to Whittemore's court the second time. Did they learn?