Posted on 03/22/2005 6:13:43 AM PST by sonsofliberty2000
per Fox
The best "check" on the judiciary is to eliminate their budget.
Yes, and it is sad that the laws on the books were being cast aside by the judge.
If she is a ward of court surely her husband cannot make decisions on her behalf, this is the first time I have heard this said.
-A8
Suggest you read this about Florida law on hearsay evidence -- which is the only evidence used to claim that Terri "didn't want to live like this", stated by her husband.
Only the mother testified and her testimony was not ruled 'not credible.' The judge said,
There are some comments or statements made by Terri Schiavo which the court does not feel are germane to this decision. The court does not feel that statements made by her at the age of 11 or 12 years truly reflect upon her intention regarding the situation at hand. Additionally, the court does not feel that her statements directed toward others and situations regarding herself if personally placed in those same situations. Into the former category the court places statements regarding Karen Ann (sic) Quinlin (sic) and the infant child of the friend of Joan Schiavo. The court finds that those statements are more reflective of what Terri Schiavo would do in a similar situation for someone else.
The court did find that Drs. Hammesfahr and Maxwell were 'not credible in 2003 as to possible efficacy of Dr. Hammesfahr's 'vasodilation therapy' and Dr. Maxwell's 'hyperbaric therapy.' As to Dr. Hammesfahr's testimony, the court said,
what [undermines] his creditability is that he did not present to this court any evidence other than his generalized statements as to the efficacy of his therapy on brain damaged individuals like Terry Schiavo. He testified that he has treated about 50 patients in the same or worse condition than Terry Schiavo since 1994 but he offered no names, no case studies, no videos and no tests results to support his claim that he had success in all but one of them. If his therapy is as effective as he would lead this court to believe, it is inconceivable that he would not produce clinical results of these patients he has treated. And surely the medical literature would be replete with this new, now patented, procedure. Yet, he has only published one article and that was in 1995 involving some 63 patients, 60% of whom were suffering from whiplash. None of these patients were in a persistent vegetative state and all were conversant. Even he acknowledges that he is aware of no article or study that shows vasodilatation therapy to be an effective treatment for persistent vegetative state patients. The court can only assume that such substantiations are not available, not just catalogued in such a way that they can not be readily identified as he testified.
As to Dr. Maxwell's testimony, the court said,
Dr. Maxfield spoke of a "chance" of recovery although he stated there was a significant probability that hyperbaric therapy would improve her condition. It is clear from the evidence that these therapies are experimental insofar as the medical community is concerned with regard to patients like Terry Schiavo which is borne out by the total absence of supporting case studies or medical literature. The Mandate requires something more than a belief, hope or "some" improvement. It requires this court to find, by a preponderance of the evidence, that the treatment offers such sufficient promise of increased cognitive function in Mrs. Schiavo's cerebral cortex so as to significantly improve her quality of life. There is no such testimony, much less a preponderance of the evidence to that effect. The other doctors, by contrast, all testified that there was no treatment available to improve her quality of life. They were also able to credibly testify that neither hyperbaric therapy nor vasodilatation therapy was an effective treatment for this sort of injury.
I am not aware of 'Terri's friend's statement' to which you refer. Can you give me a more detailed reference?
Terri speaking for herself, which she does BTW, is ruled NOT CREDIBLE, except for the part 15 years ago when Michael says she said she wanted to die. THEN THE JUDGE FINDS HER CREDIBLE.
I am not familiar with either circumstance. Terri hasn't spoken since her heart attack to Michael or anyone else. The judge has certainly never found Terri 'not credible'. Perhaps a citation to what you have in mind would be helpful?
WHY? Because Judge Greer had already made up his mind Terri should DIE before he ever heard any of the evidence on the case. And I can prove it.
Well, if you can, you should contact Mr. Gibbs immediately. That (if provable and proven) would be valid grounds for overturning the Court's entire decision. Clearly, Mr. Gibbs is not aware of this important evidence and you should share it with him.
Yes, but it works the other way, generally,again with some exceptions you cannot compel a spouse to testify against another,to protect the privacy of husband and wife communications. It does not apply here at all.
It's all those NewYorkers who moved down there.
Once a judge is appointed to a court, he or she MUST be paid according to the Constitution, and that pay may not be reduced. So I suppose we could pay them, but eliminate their court, leaving us free of them. That would work!
She's Michaels property. He has decided to dispose of her. Many here applaud that decision.
That sounds like a convenient way of accepting that Terri be starved to death. Look, God's will may be different than mine, I have no clue. Neither do you. That is why I'm fighting for her LIFE. I will expend all means to defend that life rather than take a passive role and assume God's will is being done.
____________________________
Please take it down a notch. I am not the enemy. And you make a HUGE assumption that I have not been praying for Terri's life to be saved. I was simply saying....that I am struggling to accept that her death could be God's will.
Again...I am not the enemy.
I don't think he thought about it because he was under the impression that there was going to be a new trial based on the new law.
He was operating under just getting the injunction so the tube could be replaced.
"For example, everyone has complained that Judge Greer never met with Terri. Couldn't Gibbs have called her as a witness? It may have failed, but it would have at least raised the issue a bit more.
"
Well, the reason that Terri was not called as a witness by the Schindlers seems perfectly clear to me. If she was capable of testifying, the case would have been over immediately. She wasn't capable, and still isn't. So, they couldn't call her as a witness. If it were possible to do so, and if she could have testified, I guarantee she'd have been in court. She can't speak for herself. So she couldn't testify in any way.
"Has anyone else noticed how all the posters with 'doc' or 'MD' in their screen name are silent. I wonder why?"
I don't know. Are there Freepers who are MDs? If so, then they aren't participating in these threads. Most doctors I know would be very, very hesitant to make statements about a patient they had not examined personally. That's a wise position, IMO.
Why didn't they just have a CHOIR DIRECTOR examine her for PVS?
You insist on facts, one sided facts, given by relatively unqualified personnel.
Oh yes....evil is most evident in much of this!
I agree.
She can't talk, but there has been a lot of example mention in this thread where she has tried to communicate.
If he has already signed book and movie rights would that be prememeditated
And you believe that OJ is actively pursuing the killers,right?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.