Law Professor says Schiavo's Testimony is NOT "hearsay"

Transcript Scarborough Country ^ | 3/25/2005 | quote

[RGSpincich]

excerpt

Dershowitz...

But Florida has said essentially that a statement made to a spouse and repeated in court may be enough. By the way, I want to correct one thing. I don‘t want to be technical about it. But the statement is not hearsay. Let me tell you why. It‘s called in law a verbal act. That is, it is a statement allegedly made by Terri Schiavo simply testified to by her husband. It‘s not testimonial. It is a statement.

And he is not describing something that is hearsay. He is an eyewitness to that statement. ....

[longtermmemmory]

appeals do not admit ne evidece.

The temp injuction was a substantial likelyhood of success based on the federal trial judges opinion. THAT is where the clinton appoint was able to game the system.

[henbane]

The witness presented by the Schindlers changed her recollection several times. For instance, her testimony during deposition was different from her testimony at the first trial.
Therefore, her testimony was found less than truthful....

Yes--found "less truthful" by Judge George Greer.

You seem to willingly accept Greer's ruling on this so-called "not credible" witness. Can you point us to the trial records concerning this witness and let us have an opinion whether or not Greer was correct in tossing out this life-saving evidence?

Testimony is also in the record that Michael, on more than one occassion, has stated that he had no idea what Terri's views were on plug-pulling.

"Why are you asking me?" was one response he gave when queried on the topic.

Yet Judge Greer found that Michael's obviously contradictory position on what Terri wanted was no problem whatsoever.

Was Greer's decision to allow this blatant contradiction to stand an example of his judicial wisdom?

Terri's death at the hands of this legal assassination squad was determined long ago--and it may well turn out to be the perfect crime--Death By Probate.

But, at the moment that Terri Schiavo is declared offically dead, the wrongful death suits will stream forth, the complete documents of Greer's trial will be unsealed and all persons involved in this killing will themselves be called before the bar of Justice.

Florida's laws as well as some people on and around the bench in Pinella County will be thoroughly called to account.

This will be Terri's legacy.

[exDemMom]

I agree that the award should have been far more restrictive. Let's hope lessons are learned for the future.

Yes. I'm trying to think of a way to word my will that makes it clear that if I'm ever helped to die prematurely the way Terri is being "helped," my estate all goes to charity. Unfortunately, writing or interpreting a will requires lawyers--and they seem to be able to make any word at all mean whatever they want it to mean. (Maybe you can tell, I don't have a lot of respect for the legal profession.)

[Samwise]

I distinctly remember saying things such as:

"If I ever act like my mother, please shoot me."

Ooooooops!

[exDemMom]

But, at the moment that Terri Schiavo is declared offically dead, the wrongful death suits will stream forth, the complete documents of Greer's trial will be unsealed and all persons involved in this killing will themselves be called before the bar of Justice.

Florida's laws as well as some people on and around the bench in Pinella County will be thoroughly called to account.

I hope and pray that you are correct. To have to watch an injustice this great happen before our eyes is nearly unbearable. I try to remind myself that those who will not dispense justice on this Earth will one day have to face perfect justice, but it is difficult.

[Badray]

But you need two witnesses to prosecute for treason (a capital crime). Why is one witness good enough to kill a disabled person?

You missed his point. What Dershowitz was trying to say is that he is still a worthless POS liar and leftist whore.

[Havoc]

I think it's clear from the testimony of the nurses that she once could speak; but, the therapy wasn't followed through on.
That in and of itself says she's minimally capable. With work, I don't see a problem, especially with the testimony of a Nobel nominee backing them up further.

[t2buckeye]

So that means that we must accept as truth Scott Peterson's statement to police that Lacey stated that she was "fine" with his affair?

[t2buckeye]

But why were statements made by friends and family stating the OPPOSITE ignored?

[t2buckeye]

No...from what I understand, the Judge accepted his statement but did not accept the opposite statements made by her family and friends

[TX Bluebonnet]

If Terry could have had a trial, no jury would buy Michael's testimony.

[longtermmemmory]

I think what Dishowitz is in arfully sayis is this.

The statement is not the issue, the issue is what did MS do after hearing the statement.

"Mr. Shiavo did terry every tell you anything regarding incapacity? A: yes

Based on that answer, what have you done? A: I am petitioning the court to pull her food so she can die."

Note there is no actual content of the statement. The only point there is what he did in response to some statement. Its a way of getting the EFFECT of a statement into evidence without actually admitting the heresay.

I have actually used that method myself in trial.

[Rightwing Conspiratr1]

I don't see what the fuss is about. Derschowitz was merely regurgitating the definition of the term under the law. He is correct. So?

[cookcounty]

" Dershowitz is a law professor at Harvard."

Harvard ain't what it used to be. For sure Colorado U ain't what it used to be!"

[cookcounty]

" I'm not familiar with Florida law."

Don't feel bad, apparently nobody in Florida is familiar with it, either.

[t2buckeye]

Is it me or does it seem like the Schindler's were "out-lawyered?" It's hard to believe that this woman is having the feeding tube removed and no lawyer could find a way to get her the kinds of recent tests available..No MRI? No PET scan? No recent swallow test? If she were truly in PVS or a coma, perhaps there would be less of an issue here...but the fact that she is minimally conscience makes her death by starvation an inhumane and evil act.

[cookcounty]

So let me get this straight: If my wife smothers me in my pillow tonight and tomorrow testifies that my lumbago was acting up and she distinctly heard me say "I want to die! Right now!"

---Then she's off the hook, right? Assuming this took place in Flo-ri-duh?

[Gondring]

The testimony of nurses who were found not to be credible. Look at some of the other nutty things that were said. Look at the nurses' notes.

[Havoc]

Yeah, I'm full aware that anything said in Terri's defense is nutty or not credible. Anything in favor of killing her is somehow credible. The facts aren't the issue here, it's the ideology driving the decision process that seems to be driving it, else Terri would have some chance. If Terri were to jump up tonight and start tap-dancing, the whole judicial system would have to run for cover; so, much of this looks like a massive CYA.

[gentlestrength]

Meanwhile, Terri is screaming for water!!

Lord touch her body and keep her strong. Let MS feel driven to admit his lies and abuse. Let the truth come out today. Weigh down upon the soul of every Aerican. Somehow make us ALL thirsty tomorrow, and have liquids unavailable. Make people think of Terri's tortured body, and repent.
Give George Bush the spiritual maturity to act and do right for this one person, no matter what the polls may turn. Be his courage and boldness. Rescue Terri despite our sin. Be merciful.