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To: UCANSEE2
The Schindler's statements, their doctors statements, Terri's friend's statements are ruled NOT CREDIBLE.

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.

1,226 posted on 03/22/2005 12:33:40 PM PST by winstonchurchill
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To: winstonchurchill

Your statements as to Terri not speaking are A LIE unless you have personal knowledge about this case and are willing to swear an affidavit to it. There is an affidavit by a nurse who took care of Terri who stated that Terri was speaking clear and distinct words. She had problems with pronouncing "n".


1,309 posted on 03/22/2005 1:10:17 PM PST by northernlightsII
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To: winstonchurchill
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.

From my reading of Judge Greers paraphrasing of the proceedings, Mrs. Schindler first testified that Terri had made the comments when she was around 17 (not 11 or 12). It was Schiavo's attornies that twisted her around and got her to admit that it must have been when she was 11 or 12 because that was when the Karen Ann Quinlan case happened. This came about because Mrs. Schindler said she thought it was sparked by a TV news report about the event. Schiavo's attornies quickly pounced and pointed out that if it was TV news reporting it must have been contemporaneous and therefore the date had to be when the event occurred as opposed to later. What may have occurred is that a re-run of the movie sparked the comment, but Mrs. Schindler was careless about saying it may have been a TV News report. For this, her account was run NOT CREDIBLE because after Schiavo's attornies got her to fix a date when Terri was only 11 or 12, the judge ruled that she was too young to make a important decision like that.
1,412 posted on 03/22/2005 1:56:40 PM PST by AaronInCarolina
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