"She shouldn't be starved because of some casual comments she made."
Obviously it would be better if she'd made a legal document in writing, but that is the only evidence available, which was testified to by more than one person.
And pretty paltry evidence, it seems.
1. Did anyone warn Terri, at the time, that her words would be used to actually starve her? Shouldn't someone have given her a "Miranda style warning?"
2. How do we know Terri wasn't depressed at the time? Depressed people may say they don't want to be a burden on others...but we don't insist they be killed to remove the burden. State of mind can make a difference in the responsibility someone has about what they say.
3. There may be evidence that she said, "no tubes," but there is no clear and convincing evidence that was what she would want for her final decision, BECAUSE she did not understand that this was her final word
Intent. Intent. Intent
4. If she even made that comment, perhaps she was just saying it to bring comfort to a listener in earshout, who she knew had recently "unplugged" someone. People say things they don't believe in order to make someone feel good.
Intent. Intent. Intent
If I want to get away from a persistent salesperson, and I say, "I'll come back and buy that refrigerator, so give me your business card," I don't have to buy the refrigerator.
Even if I go back I don't have to buy that refrigerator. I haven't put anything in writing. Even if I put something in writing, I might have 48 hours in which to indulge my "buyer's remorse."
5.It's doubtful that Terri realized what she was doing at the time would be legally binding It's doubtful that she realized she was making a declaration of intent that she wanted to be starved.
6. Did Terri ever say she wanted Michael to be her health care agent? The judge ruled that her comment to Michael did not count. So that means Michael's right to kill her is based on comments made by others.