Posted on 03/28/2005 7:48:32 PM PST by Theodore R.
Schindlers Were Outgunned by Lawyers Early
In case you were wondering, with so many facts in dispute about the Terri Schiavo case, the answer is relatively clear: The Schindlers, well-intentioned as they have been, were outgunned in the early legal fight that sealed their daughter's fate.
The early legal maneuvering created "facts" that are now beyond dispute in higher courts. One is the unbelievable claim by Michael Schiavo that Terri wanted to be starved and dehydrated to death.
One Florida attorney told the story on Steve Sailer's Web blog (www.isteve.com).
Here's what the lawyer wrote:
"I have been following the case for years. Something that interests me about the Terri Schiavo case, and that doesn't seem to have gotten much media attention: The whole case rests on the fact that the Schindlers (Terri's parents) were totally outlawyered by the husband (Michael Schiavo) at the trial court level.
"This happened because, in addition to getting a $750K judgment for Terri's medical care, Michael Schiavo individually got a $300K award of damages for loss of consortium, which gave him the money to hire a top-notch lawyer to represent him on the right-to-die claim. He hired George Felos, who specializes in this area and litigated one of the landmark right-to-die cases in Florida in the early '90s.
"By contrast, the Schindlers had trouble even finding a lawyer who would take their case since there was no money in it. Finally they found an inexperienced lawyer who agreed to take it partly out of sympathy for them, but she had almost no resources to work with and no experience in this area of the law. She didn't even depose Michael Schiavo's siblings, who were key witnesses at the trial that decided whether Terri would have wanted to be kept alive. Not surprisingly, Felos steamrollered her.
"The parents obviously had no idea what they were up against until it was too late. It was only after the trial that they started going around to religious and right-to-life groups to tell their story. These organizations were very supportive, but by that point their options were already limited because the trial judge had entered a judgment finding that Terri Schiavo would not have wanted to live.
"This fact is of crucial importance -- and it's one often not fully appreciated by the media, who like to focus on the drama of cases going to the big, powerful appeals courts: Once a trial court enters a judgment into the record, that judgment's findings become THE FACTS of the case, and can only be overturned if the fact finder (in this case, the judge) acted capriciously (i.e., reached a conclusion that had essentially no basis in fact).
"In this case, the trial judge simply chose to believe Michael Schiavo's version of the facts over the Schindlers'. Since there was evidence to support his conclusion (in the form of testimony from Michael Schiavo's siblings), it became nearly impossible for the Schindlers to overturn it. The judges who considered the case after the trial-level proceeding could make decisions only on narrow questions of law. They had no room to ask, "Hey, wait a minute, would she really want to die?" That "fact" had already been decided.
"In essence, the finding that Terri Schiavo would want to die came down to the subjective opinion of one overworked trial judge who was confronted by a very sharp, experienced right-to-die attorney on one side and a young, quasi-pro bono lawyer on the other.
"Nothing unusual about this, of course. It's the kind of thing that happens all the time. But it's an interesting point to keep in mind when you read that the Schiavo case has been litigated for years and has been reviewed by dozens of judges ... yadda yadda yadda.
"By the way, I'm guessing that George Felos is probably quite happy to work the Schiavo case for free at this point since it's making him one of the most famous right-to-kill -- I mean right-to-die -- lawyers in the country. His BlackBerry has probably melted down by now, what with all the messages from the hurry-up-and-die adult children you've been blogging about."
I also heard MS's attorney say that...however I believe in fla, it's a state law that before cremation an autopsy must be done. It sounds like it was MS's idea, but I have doubts about that.
Maybe I missed something, but she actually said she wants to live? She said that? When?
As the tube was being removed, Terri said "I WAAAA" when instructed by her attorney Barbara Weller to tell the authorities that she wanted to live. She could not complete the sentence.
Bump
That's what I had heard. That's quite a bit different than "I want to live". My 3 month old niece could say "I wahh"
I am just getting to the thead - down to 72 before I had to stop.
I had thought about going to Florida last week. But, we decided not; rather donate some money to the best folks who will get busy on this. I need some suggestions. Not a dime to politicians. But, I am asking for the best group that is looking for the next case.
Terri's death must not be in vain. In my hopeful moments, I even have hope that Roe v Wade might fall off this.
Ping
Please let it load -- it's 11 mb.
Have headphones or sound on.
special thanks to lafroste for generous technical and web assistance.
You asked what Terri's care costs? Ironically I heard that question answered on the news just the other day.
Terri was staying at a hospice and her care cost NOTHING. The only expense associated with her care was the cost of the liquids administered by feeding tube.
They also stated that Terri's fund was down to around $40K-$50K.
I can't help but wonder how much Michael spent on legal fees. And in theory, a goodly chunk of the monies awarded for Terri's lengthy care went to attorneys to hasten her death? Gulp!!
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