BATTISTA: How does anybody know whether a husband and wife has had that sort of discussion [about what type of care Terri would want]? There usually is never a witness to that.Should the Judge have disallowed that testimony?ECKERT: Well, let me explain this to you. If an attorney had represented her, they would have objected to that testimony, because it comes under what's called a well-known law called the Dead Man's Statute.
You can't testify about what a dead person or incompetent person testifies to if you have financial stake. The financial stake in this case was $700,000. His second girlfriend, Ms. Shook, who they did take the deposition of, says he kept asking her what to do. He never said, "Terri, this or that," but it was all in a life context.
Three cheers for you, my friend. Coffee's on me.