I understand what you are saying. This was the point Lawrence O'Donnell was making, it seemed like. Putting aside this legal issue, I think what I was agreeing with was his opinion that Terri was murdered by her husband. There are so many legal issues that all came together to work against Terri.
In the absence of a living will, I don't think a spouse's opinion should be 100% & her blood family's not count for anything.
But this is really another issue than what is, in my opinion, the most important aspect of the Terri Schiavo case. Without a directive from Terri herself in writing, there was no reason to believe she would have wanted to be put to death this way for simply being disabled. NO way do I believe this, or that she would have wanted her family treated this way. Total disregard for her wishes by the courts. This woman was murdered in broad daylight & now I want to know what I can do to stop this.
If it is true, that this is happening all over, shouldn't someone at least investigate this?
I agree. In cases where there is conflict, I believe the judge should hear all the testimony, review all the evidence, then make a decision only if he has "clear and convincing" evidence as required by Florida law. And that's exactly what Judge Greer did.
May I present you with a few facts that it looks like you're missing? Michael's sworn testimony (that Terri expressed a verbal desire not to live like that) in front of Judge Greer was only one of three. His brother, Scott, and Terri's best friend, Joan, also testified under oath in front of Judge Greer to the same desire by Terri. It was not just "Michael's opinion".
Second, Terri's mother (her blood family) also testified at the same hearing. Under cross examination, she admitted that she was incorrect as to when Terri made her statement, and that she was probably 11 years old when she made it.
Third, as with Terri's mother, another of Terri's friends testified. Her testimony, also, was discredited in that Terri had to have been much younger when making that statement.
At this January, 2000 hearing, this life and death hearing (literally), these five were the only people who testified. Where, I ask, were the others? 18 months later they were on Larry King and Good Morning America and in USA Today ... Where were these friends and caregivers when it counted?
IMO, it's one thing to tell Larry King. It's another to face a judge, under oath, subject to cross examination, under penalty of perjury, and tell him the same thing.