[PFKEY]

self evidently you offer no opinion of your own. I assume you are just fanning the flames?

I guess you missed my opinion. That would be that I agree that she is brain dead and that what her husband has requested that being that her feeding tube be removed is based on her wish that whe expressed to him that she would not want to live under these conditions.

It is the only thing that makes any sense to me.

And it appears to be legal to have this done because it is happening and no one has been jailed for doing so.

I have stated before on many occassion that I would rather see her husband divorce her and let her parents have gardianship of her and that she move home with them and live her life out to its natural end.

The only thing I would add to that is that I would feel better if I knew for a fact that is what she wanted.

[MHGinTN]

Terri is not brain dead, she's not even diminished to the point of persistent vegetative state. She is, however, severely disabled and in need of extensive therapy to improve her quality of life. But then she might become capable of telling the world what happened to her and what her husband and the courts have done to her since in painful detail. Couldn't have that, don'tcha know. It endangers the 'death to the burdensome ones' 'enlightened' belief system.

[AndrewC]

That would be that I agree that she is brain dead and that what her husband has requested that being that her feeding tube be removed is based on her wish that whe expressed to him that she would not want to live under these conditions.

Since she cannot testify to what she said then, her husband's statement is hearsay. Normally hearsay is not admissible as evidence. There are exceptions but the closest that I can find to allowing the hearsay as evidence is the following.

First the definition.

c) "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Now the rule.

90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.

Now the closest exception.

4) STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.--Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.

Nothing there about wishes or desires so the hearsay is inadmissable.