Almost as soon as the procedures were discontinued, the Schindlers were informed of new evidence that they believe establishes that their daughter would either not have made that decision fourteen months earlier at the time the original order was entered, or that she would make a different decision at this time. On April 26, 2001, the Schindlers filed a motion for relief from judgment in the guardianship proceeding. That motion alleged that the Schindlers had discovered new evidence in the form of testimony from a new witness. According to the motion, this witness was a former girlfriend of Mr. Schiavo. She allegedly would testify that Mr. Schiavo told her that Mrs. Schiavo and Mr. Schiavo never discussed what Mrs. Schiavo's wishes would be in her present condition. The motion alleged that this testimony was contrary to Mr. Schiavo's testimony at trial, and that it might prove Mr. Schiavo committed perjury in the proceedings.
The Schindlers attached two affidavits to the motion. Neither of these affidavits was executed by the witness.Instead, the affidavits were given by Mr. Schindler and by a private investigator hired by Mr. Schindler, and contained hearsay allegations regarding what this potential witness told them.
[FN2] Technically, the notary stated in each affidavit that the witness "acknowledged" the "foregoing instrument." The notary did not use the normal language "sworn to or affirmed and signed before me."
Hmmmmmm......