I know you know. I've seen you argue both sides of an issue before with incredible success, so I know you're an excellent debater ;-)
On the other hand, I think this issue has become too emotional for some posters, to the point that certain facts are ignored, such as the claim that only Schiavo has testified about Terry's wishes.
For what is worth, remember that the Schindlers have been associated with quacks before.
Remember this thread? Galaxy Wave Group?
The scientists at Galaxy Wave Group are not medical doctors. The operators of the ADAM technology do not diagnose, treat, cure or prevent any medical, psychological or emotional condition. These statements and the ADAM Technology have not been reviewed or approved by the FDA or any other government agencies or authorities
Do you wonder why the courts have not been impressed by the quality of the Schindler's witnesses?
Flakiness noted for the "Galaxy Group", but the Schindler's Dr. Hammesfahr supposedly has the best credentials of all the doctors on either side: Nobel Nominee, and the "first man in history to reverse the effects of a stroke".
I'd like his detailed comments on the "isolated living tissue" and it's implications for therapy.
Recent lawsuit, August 30, 2003 ---
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Civil Action No.: 8:03-CV-1860-T-26-TGWROBERT SCHINDLER and MARY
SCHINDLER, as parents
and next friends of Theresa Marie
Schindler Schiavo, an
incompetent ward ...[snip]
VERIFIED AMENDED COMPLAINT
[snip]
FACTS COMMON TO ALL COUNTS
[snip]
23. At the trial of the medical malpractice suit, defendant Schiavo swore that he
would use any recovery of pecuniary damages to take care of Terri for the remainder of
her life. He testified that he was going to become a nurse and devote his whole life to
taking care of her. He presented a detailed rehabilitation plan to the jury, a plan devised
by a rehabilitation specialist.
Previous lawsuit of September 22, 2002 :
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Civil Action No.: 8:03-CV-1860-T-26-TGW
THERESA MARIE SCHINDLER
SCHIAVO, Incapacitated, by her
Parents and Next Friends, ROBERT
and MARY SCHINDLER,[snip]
20. In January, 2000, the Petition was tried to Hon. George W. Greer. No
attorney, no guardian ad litem, or any other independent voice represented
Terri at this trial. At this trial, Schiavo remembered, for the first time, that
Terri had told him sometime during the 1980s that she would not want to
survive on "anything artificial."
In the following, the expressed wish of the people of the State of Florida, as it is made law by our democratic-republican process; the 2003 Florida Statutes
Title XLIII
DOMESTIC RELATIONS Chapter 744
GUARDIANSHIP View Entire Chapter
CHAPTER 744
GUARDIANSHIP ........
......EXCERPTS:
744.1012 Legislative intent.--The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the Legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.
(This excerpt is from the statutes and was researched by the efforts of Freeper, Ethan_Allen.)
The Constitutional laws in the United States are made by the people, through the democratic-republican process, not by judges. Judges do not make laws; they only have limited, specific authority to apply a situation to law(s) and laws to a situation, thereby establishing a precedent for when comes the next like juncture in a court of law.
The intent of the people of the State of Florida is clear:
Err on the side of the glass is half full ---> "[t]this act shall be liberally construed."
The in court testimony and behavior of Michael Schiavo simply demonstrates that he had no knowledge of Terri's personal wishes regarding her last willing, and upon his ignorance of that, he swore that he would devote his resources and his life to her life, doing so to the end of his life.
It's on the record --- his testimony.
Years later, in 2000, Michael Schiavo reversed himself and swore that he had known that she would not "want to live that way."
Now, Michael Schiavo either lied in first court proceeding, in order to swindle some people out of their money, by using the justice system to force such payments, or he lied in 2000 about her alleged wishes regarding her last willing.
There is plenty of information upon which to investigate Michael Schiavo for working against the best interests of his wife, Terri.
Affidavit of Carla Iyer, nurse who cared for Terri Schiavo from April 1995 to July 1996
FR page about Terri Schiavo. It includes affidavits by some of the nurses who cared for her, as well as excerpts from the parents' lawsuits on her behalf:
The pages start with nurse Carla Iyer's affidavit. Carla Iyer's license indicates that she is still practicing --- see Reply 53.Michael Schiavo's sworn testimony that he would spend the rest of his life taking care of Terri --- see Reply 105, item 23 therein.
Nurse Carolyn Johnson's affidavit --- see Reply 78.
Nurse Heidi Law's affidavit --- see Reply 86.
The first time in court, that Michael Schiavo recollects that Terri allegedly had expressed some wish that she would not want to live, was in the year 2000, ten years after her initial medical emergency --- see Reply 124, item 20 therein.
A bone scan ordered by a doctor, and performed on March 5, 1991, just over a year after her initial medical emergency in February 1990, concluded that she suffered from a history of bone trauma --- see Reply 221.
Even if they are completely wrong ---- the Schindlers ---- what is the real harm in letting them just have their daughter back? Terri either has some consciousness or she has none --- in the latter case, she's not in any real pain or suffering if she continues living. Otherwise she does still feel something and should not be left to starve to death as her husband wants. Possibly --- but I have my doubts ---- Michael has some emotional thing going on about what he believes were here wishes ---- wishes she never apparently expressed strongly to anyone else --- not even to her own parents, nor felt so strongly about that she had those wishes put into writing. So her life would be at the mercy of Michael's "thoughts" or "memories". Even at the mercy of what Michael only thought she wanted --- but did not actually want.
In any case she doesn't seem to be in any great suffering by living, she is taking up just a small space on this earth, she requires minimal care, a little food and water --- she doesn't really require expensive nursing care --- IV's and meds or surgery or expensive machines -- so she's not much a burden on us taxpayers. She'll die in time --- whether that's 5 years, 10 years or 25 years ---- but how much time do any of us have?