Replies

The facts of this case are terribly sad, but they are not hard to understand. There's really nothing to be confused about, and as best I can tell, nothing's been overlooked by anyone. Terri's situation has arguably received more judicial attention, more medical attention, more executive attention, and more "due process," than any other guardianship case in history. Terri's family has had the benefit of excellent legal representation as well as the Governor's own top-notch attorneys, all of whom have scoured the case for ways to assist the effort to keep Terri's feeding tube in place.

My second thought concerns the nature of trials. As you probably know (or will learn if you read the material below), Judge Greer held a full trial in this case to determine how Terri would choose to exercise her privacy rights. Michael was on one side; Terri's parents were on the other. Both sides brought witnesses and experts. In the end, the judge ruled that Terri would not wish to continue receiving nurishment and hydration through a surgically implanted tube.

Trials like this, where someone's life may literally be on the line, are held every day in courtrooms across the state and around the country. Most involve crimes, but not all. In every case, lawyers marshal witnesses, present evidence, and make arguments to further their clients' interests. The decisions made by the judge or jury may affect whether someone lives or dies, whether someone spends his or her life in prison, or whether someone will have to pay another debilitating sums of money.

Whether as a party, a witness, or a juror, those who have the opportunity to participate in trials should take their roles seriously, offering their best efforts to further the search for truth. At the same time, the public should realize that once a trial is over, the decision is made, and it was made based on the evidence. Appeals are almost always available, but if the judgment is affirmed, only very rarely will there be an opportunity to get a new decision based on evidence not previously presented.

OVERVIEW

In updating this page recently, I decided to include a summary about the case's events. After some efforts, it occurred to me that I should simply reproduce an email and my response that I recently blogged. They seem to make for a good summary. Here's the email:

Hi Matt,

I stumbled across your site and quickly became immersed. I have been an avid follower of Terri Schiavo as I feel quite passionately about the case as explained in the letter I wrote to the Rocky Mountain News which was recently published (see below). So far, no amount of legal jargon has been able to quench my desperate desire to understand this case. I have been searching for answers for so very long, that I felt some sense of relief when finding your site. I would really love to hear your opinion as to whether or not there is any hope whatsoever to save Terri at this point, or is this it? Thank you so much in advance for your time and for listening. And also, for this site. Have a great day!
I left the reader's attached letter out. Here was my response:

Thanks for the kind words and the sincere thoughts.

This is a very tough situation for all involved -- and mind you I'm not at all involved. I just discuss the case as part of what seems to be my running commentary on Florida law.

I appreciate that you wish to understand more. Ultimately, Terri's case is understandable, though painfully so. If you take away the "evil" allegations that have been leveled against everyone, it's easy to see what you're left with.

You're left with a woman who suffered a heart attack 15 years ago, who essentially died but was resuscitated, though not entirely. Her brain had suffered enormous damage from the heart attack. As time passed, her brain further deteriorated -- to the point where much if not most of her cerebral cortex (the portion of the brain that controls conscious thought, among other things) was literally gone, replaced by spinal fluid. Doctors hired by Terri's husband say the deterioration of Terri's brain left her without thoughts or feelings, that the damage is irreversible, and that Terri's life-like appearance is merely the result of brain stem activity -- basically involuntary reflexes we all have. An independent doctor hired by the court reached the same conclusions. Doctors hired by Terri's parents did not dispute the physical damage done to Terri, but they claim there are new therapies that could improve her condition. In two separate trials, the trial court found such claims of potential improvement to be without merit. Terri's body continues to function without her cerebral cortex. She is sustained by a feeding tube surgically inserted into her stomach. She cannot eat through her mouth without a strong likelihood of choking to death.

You're left with a husband who lived with his in-laws following Terri's heart attack, who apparently provided care and therapy for years but who later came to believe Terri would never recover. He believes she would not have wanted to be kept alive in this brain-degenerated condition by a surgically implanted tube. He is apparently willing to continue his fight to achieve what he believes Terri would want despite ridicule, hatred, expense, and threats.

You're left with parents who were once allied with Terri's husband in an effort to care for Terri and restore her but, unlike Terri's husband, they never lost hope. They believe Terri reacts to them and has conscious thoughts. They believe Terri would not want, and does not want, her feeding tube removed, and that some cognitive function could be restored through new therapies. Terri's parents are willing to continue their fight to achieve what they believe Terri would want despite ridicule, hatred, expense, and threats.

You're left with judges who have been placed in the utterly thankless position of applying Florida law to this impassioned situation. Florida law calls for the trial court to determine what Terri would choose to do in this situation, and after a trial hard fought by Terri's husband and her family, where each side was given the opportunity to present its best case about what Terri would do, the court determined the evidence was clear and convincing that Terri would choose not to continue living by the affirmative intervention of modern medicine -- that she would choose to have her feeding tube disconnected. In a second trial, brought about by Terri's family's claims new therapies could restore her and that the existence of such a therapy would make her "change her mind," the trial court again heard evidence from all sides and determined that no new therapy presented any reasonable chance of restoring Terri's brain function. The propriety of these decisions -- from the sufficiency of the evidence to the appropriateness of the procedures used -- has been unanimously upheld on appeal each time.

You're left with a public that is much confused. Some see video clips of Terri moving, appearing to make eye contact, and making sounds, and they assume such are the product of conscious thought -- that Terri's "in there." Some believe Terri's husband has been motivated by money. Some believe that no heart attack occurred -- instead, Terri's husband beat her nearly to death and has been trying to end her life ever since. Some believe he is a bad person because he has taken up with another woman and has children with her. Some believe Florida's judiciary is corrupt or inept, to the point where death threats have been made against the trial judge. Some are sad that families would fight like this. Some believe that removing Terri's feeding tube would cause her pain and is inhumane (I'm no doctor, but the medical information I've seen on this subject uniformly says the opposite.) Some are disappointed that the law does not allow someone in Terri's condition to be kept alive perpetually if a family member is willing to care for him or her. Some believe no life should be permitted to reach an unnecessary end unless irrefutable proof, or at least written proof, shows the person wanted things that way.

All of these positions are understandable in some sense, though if you've read my posts over the years you know I am particularly sensitive to the judiciary's position of following the law correctly and yet being so horrifically misunderstood by many.

http://abstractappeal.com/schiavo/popschiavoposts.html