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To: winstonchurchill

I don't know anyone who always rejects the removal of a feeding tube. They object in this case because of the facts surrounding the case, particularly the discrepancy between the husband's report of the wife's desires before the lawsuit and his report of the wife's desires after the lawsuit.

The family says she would not voice a desire to be terminated in such a manner.

Prior to the lawsuit the husband presented her case as one in which he claimed damages just so he could continue her care. His argument, if effect, was that she wanted to continue living in that manner.

After the lawsuit, he suspiciously remembered that she wanted to die in such a situation, but in some unguarded moments he has slipped and indicated he doesn't know what she would have wanted.

For me, it's a simple thing. Give a full hearing that includes a review of all old and all new evidence. Give the girl a chance to recover.

Finally, don't pretend it's a natural death when you forcibly prevent natural feeding.


283 posted on 03/28/2005 5:14:40 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: xzins
The family says she would not voice a desire to be terminated in such a manner. That statement sounds vaguely hypothetical. How could anyone say she 'would not voice a desire' as to such and such, unless she had made a declarative statement to the contrary and then the declarative statement is the stronger evidence. And yet, at the trial, the mother offered no such statement and no other member of her family (other than Michael, Scott and Joan) was even called to testify.

For me, it's a simple thing. Give a full hearing that includes a review of all old and all new evidence.

So, tell me, under your theory of jurisprudence how many full 'do-overs' does the loser in a lawsuit get? One, two, ten, as many as he wants? When would anything be decided?

Just the review of the procedure for fairness and applicable law took 5 years and 5 appellate and reviewing courts. Imagine what a couple of factual retrials would have consumed.

Let's be honest. The opponents of Terri's right to die would keep insisting on more trials and more appeals until they finally got the result (further imprisonment of Terri in that awful body) that they wanted. Then, of course, they would be satisfied that 'justice' was done.

286 posted on 03/28/2005 1:01:58 PM PST by winstonchurchill
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