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To: supercat
"Even if a judge has reason to think they might be lying, their evidence is no longer 'clear and compelling'"

Correct again.

"You wouldn't consider such a thing as being plausible?"

Plausible? No. Not without some evidence.

"Are you implying that their legal help wasn't less than stellar (to put it very mildly)?"

How "less than stellar" were they to not even bring up the "plausible" conspiracy of these three people. Now, maybe they weren't stellar enough to get their testimony thrown out, but they couldn't even bring it up?

69 posted on 04/03/2005 10:07:50 PM PDT by robertpaulsen
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To: robertpaulsen
"You wouldn't consider such a thing as being plausible?"

Plausible? No. Not without some evidence.

Establishing plausibility generally doesn't require much evidence at all--in many cases, it requires none. Someone claims they had a $10 bill stolen from them. I have a $10 bill in my wallet. Do I need to produce any evidence to suggest that I got my $10 bill quite legitimately? No, I don't, because absent any evidence to the contrary it is entirely plausible that I could have gotten my $10 bill from any of countless thousands of places, quite plausibly without any recollection of where it actually came from.

In the case of the possibility of the Schiavos lying, I would cite as evidence the fact that they would have expected to gain, collectively, $500,000 if they lied and were believed, and the fact that many people have perjured themselves for a lot less than that.

"Are you implying that their legal help wasn't less than stellar (to put it very mildly)?"

How "less than stellar" were they to not even bring up the "plausible" conspiracy of these three people. Now, maybe they weren't stellar enough to get their testimony thrown out, but they couldn't even bring it up?

I haven't read the court transcripts from that hearing, so I don't really know what was brought up. Can you offer me a source? I'd be interested to see it.

As to how the Schindler's attourney should have brought up the notion of the Schiavos inventing a story from scratch, I don't quite know. It would seem like it should be obvious to any judge that any witness might lie, especially if they'd have a motive to do so; telling judges things that are blindingly too obvious is not a way to make friends. I'd have to see the actual transcript to know what should have been argued differently.

70 posted on 04/03/2005 10:37:53 PM PDT by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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