| Whose lawyer, and what was the blunder?
The whole point of having a de novo trial was to get the facts re-heard, with the goal of having a different judge reach a different conclusion regarding the "fact" that Terri Schiavo's preference is to die in this circumstance, and the "fact" that Terri Schiavo is in a persistent vegetative state from which she will never recover. Those are "facts" because Greer ruled them to be facts. But there was conflicting testimony on both issues, and another judge might reach a different conclusion if presented with the conflicting testimony. But that's not where the Schindlers' lawyer took it. He sought relief based on alleged errors by Greer, thus dragging the whole state court proceeding into what Congress intended to be a de novo proceeding. That may turn out to be a fatal — for Terri Schiavo — error. The Schindlers have got to get a new pleading in front of Judge Whittemore, and FAST. And this time leave Greer out of it, as Congress had intended. Is Terri Schiavo in a persistent vegetative state? Some doctors say yes, some doctors say no. Let's have a trial, present testimony, and decide. Was it Terri Schiavo's wish to be euthanized if rendered incapacitated? The husband says yes, the parents say no. There's nothing in writing either way. Let's have a trial, hear testimony, and decide. That was the opportunity the Schindlers were handed by Congress and the President. An opportunity their lawyer threw right into the trash in what must be the saddest instance of gross incompetence in decades. A woman might die because of it. |
The Schindlers' lawyer. Instead of filing the opening plea of a de novo trial, he filed what was essentially an appeal of the state court ruling. His arguments all hang on alleged procedural errors by Greer.