Clear and convincing is necessarily a somewhat subjective judgement, but I seem to recall that Schiavo and at least one of his relatives came forth to testify to her wishes, while the Schindlers were unable to find anyone to directly refute it. "I heard her say it" will beat "That doesn't sound like something she'd say" pretty much every time. I may be misremembering the record, though - I trust you'll correct me if so.
The Schindlers had her best friend come forward and SHE had heard her state otherwise.
Him getting one of his relatives to parrot such alleged comments isn't exactly "clear and convincing" evidence. And again, nobody ever said that she said she wouldn't want to be on a feeding tube. Michael Schiavo also was quoted saying to a friend in the early 1990s, before deciding to have Terri killed, that they never discussed such matters, because they were so young. That's a bit more realistic than Terri just happening to tell only Michael Schiavo and his relatives these wishes, and not saying them to not only her family, but to friends outside either family.
Still pretty thin to hang what amounted to a death sentence on...'Gee, I just remembered, seven years ago, when we were at a picnic, Terri told me the last thing she'd ever want is to be hooked up to some machine...' -- especially when the husband/speaker is coached by a lawyer with Felos's connections. Can you imagine this happening to someone like, say, Teraysa Heinz...and Kerry getting away with it? It really is all about money.
Two nurses tonight on Hannity and Combs...One testified in court in fron of Greer that the husband admitted to her many times that he did not know what Terri wanted...
It was 7 years AFTER her broken back, ankles, knees, femur, ribs and who knows what else took place that this character all of a sudden remembered she wanted to be starved to death...
"Clear and convincing is necessarily a somewhat subjective judgement, but I seem to recall that Schiavo and at least one of his relatives came forth to testify to her wishes, while the Schindlers were unable to find anyone to directly refute it."
Try again, 2 people directly refuted this. Neither were named Shindler or Schiavo, and both were ignored/downplayed by the court.