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To: robertpaulsen
I don't have the original testimony, and neither do you. We can guess 'til the cows comew home.

Here are parts of a recent filing in the Federal District Court. It appears from this that the error relating to Quinlan's date of demise is a factor for the testimony of both Mrs. Schindler and of Terri's friend.

VIOLATION OF FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO SUBSTITUTED JUDGMENT DECISION BASED ON CLEAR AND CONVINCING EVIDENCE STANDARD...

91. The State trial court relied on the testimony of five individuals (Mary Schindler, Diane Christine Meyer, Michael Schiavo, Scott Schiavo, and Joan Schiavo) regarding comments made by Terri about artificial life support for incapacitated persons.

91. [Rasmusen- a typo, should have been 92] Mary Schindler, Terri's mother, testified that Terri, commenting about the Karen Ann Quinlan case (Woman in pvs on a respirator), stated that the father should just leave her alone and not attempt to remove the life support.

93. Diane Christine Meyer, a friend of the family, testified about a similar "end-of-life" conversation with Terri in 1982 in which Terri stated that she did not approve of the parents' attempts to remove life support from Quinlan.

94. Judge Greer discounted the Quinlan reference testimony of Mrs. Schindler and Ms. Meyer based on his erroneous personal belief that Karen Ann Quinlan had died in 1976, rather than June 11, 1985 when Quinlan actually died, stating in his February 11, 2000 Order that Ms. Meyer "appeared believable at the offset" [sic] but then became "mystified" when Ms. Meyer insisted on the fact that Quinlan was still alive in 1982.

95. Judge Greer's personal error tainted the credibility of Mrs. Schindler's and Ms. Meyer's testimony even though it was his plain error and therefore, his lack of credibility (as surrogate) that was the "evidence" underlying his February 11, 2000, Order.

http://www.rasmusen.org/x/archives/490 <-- HTML of Count 8 of Amended Complaint
http://abstractappeal.com/schiavo/FederalAmendedComplaint.pdf <-- Amended Complaint

150 posted on 04/02/2005 2:08:55 PM PST by Cboldt
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To: Cboldt
Thank you for finding that.

The Quinlan respirator was removed in 1976. The judge made a mistake by concluding that Quinlan died when the respirator was removed (a logical conclusion, but wrong).

Now, examine the testimony of the friend:

"93. Diane Christine Meyer, a friend of the family, testified about a similar "end-of-life" conversation with Terri in 1982 in which Terri stated that she did not approve of the parents' attempts to remove life support from Quinlan."

The parents attempts to remove. Meaning that life support had not yet been removed. Which means the conversation must have taken place prior to 1976.

If the conversation did indeed take place in 1982, Terri would have stated that she did not approve of the parents' removal of life support from Quinlan.

Do you see now how the judge's error was irrelevant?

157 posted on 04/02/2005 2:44:45 PM PST by robertpaulsen
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