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posted by: SusanofPudlin (reply) post date: 03.25.05 (4:32 am) There is no way to change your mind. You have made your decision based on emotions rather than to look at all the facts. I too am sorry that it has come down to this. But in truth, it has become this circus because of the Schindlers. posted by: gonzoid (reply) post date: 03.25.05 (4:52 am) Pax Americana... once again leading the world in its stupidity. All us old world countries watch the Childe America playing and laugh at it when its not looking. Coz if it caught us.... BANG... ...pre-emptive strike. posted by: Stephen89702 (reply) post date: 03.25.05 (5:24 am) Reply to: SusanofPudlin My Dearest SusanofPudlin, Can you read my mind? You have no idea how I base my belief, yet you presume my deeply held moral beliefs and convictions are somehow "emotions." The Terri Schiavo sase is deeply troubling to me on several levels. You may wish to claim I have not looked at the "facts", yet you offer no proof of that claim. I had Terri Schiavo's case brought into clear focus last night in a hospital emergency room in Reno, NV. An elderly man in the bed next to mine was in, to put it mildly, a very poor medical condition with multiple health problems (heart & blood sugar levels are only two). This gentleman was asked if her had any relatives that the hospital could call "in case something happens." He said no - no one - not a brother, sister, mom, dad, cousin, aunt, uncle (the nurse actually asked!). He was then asked about medical directives or living wills. The nurse even mentioned Terri Schiavo as the reason for the question. This old man told that nurse that no matter what, he wanted to live. Told her twice. In three hours of being next to him his voice and inflection was the strongest when he said "I want to live." The last I saw of him he was being transferred to the hospital's ICU. I know you will be asking "so what?" To me, the so what is the very basic fact that nobody really knows what Terri Schiavo would have wanted. The testimony that judge Greer accepted as "clear and convincing" was given by just three people - all with the last name of Schiavo. Those would be Michael Schiavo, his brother, and his sister-in-law. Nobody - and this is key - nobody else, not her friends or members of the Schindler family, ever heard Terri Schiavo express the desire to end her life. Credible witness testimony was dismissed outright by judge Greer. When the guardian ad litum in 1999 questioned Mr. Schiavo's motives for removal of the feeding tube he was dismissed (fired) by judge Greer. I would love to bring out some more "facts" that I have overlooked in my rust to an "emotional" judgement, but time forbids. I have several appointments to keep today and will be unable to return until late this afternoon. In the meantime, God bless you, SusanofPudlin, and thanks for the comments. posted by: SusanofPudlin (reply) post date: 03.25.05 (5:48 am) Reply to: Stephen89702 Most respected fellow blogger Stephen89702, Could you please then clear up a confusing detail? How is it that last night you were in an emergency hospital bed next to a man who wanted so much to live, yet today you have many appointments to keep and still find time to blog. I hope that your health situation has improved as dramatically as this suggests. Otherwise, I know Judge Greer and I trust Judge Greer. If he said it was clear and convincing evidence, then that is good enough for me. And G-d bless you as well. posted by: Stephen89702 (reply) post date: 03.25.05 (5:50 pm) Reply to: SusanofPudlin My dearest SusanofPudlin, To clear up your confusion, my appointments today were medically related to my being in the hospital ER on Thursday night. My condition was not the full-blown emergency I thought it was at 3 PM yesterday afternoon. (Thank God!) While I am not willing at this time to release details of what my medical condition is, I appreciate your concern for my health and well-being. In the instant case, I will continue to support life over death for Terri Schiavo. I will agree that there is an emotional aspect to my support, but there are also many questions and unresolved problems with the rulings by judge Greer. One of the most unsettling problems for me is the total lack of contemporary evidence of Ms Schiavo's condition. The very fact that judge Greer will allow NO testing of any kind makes me wonder why. As you know, medical advances happen every day. What would be the harm of allowing a full series of tests to confirm that Ms. Schiavo is indeed PVS? Why not settle this question once and for all? Of secondary concern is the many violations of Florida state law by judge Greer. I will post on this tomorrow. Again, thank you for you comments and your concerns. And again, may God richly Bless you. posted by: SusanofPudlin (reply) post date: 03.26.05 (6:42 am) Reply to: Stephen89702 You wrote: “I will agree that there is an emotional aspect to my support, but there are also many questions and unresolved problems with the rulings by judge Greer. “ For questions of legal opinions, I generally find that it is best to turn to the authorities on the issue. In this case, that would be other Judges and Courts who have held that Judge Greer acted appropriately. In fact, each and every time that this has been brought before all other Courts, up to and including the Florida Supreme Court, they have held that Judge Greer has acted appropriately. The evidence presented met the standards for evidence as described in the Florida Rules for Civil Procedure. Now, you and the Schindlers may not like that fact, but it stands. The evidence, the laws, the procedures and the outcome were all legal and appropriate. You may second guess Terri’s statements to those who testified until the cows come home. It was not hearsay. She made those statements to those who testified. Their assertion that she made those statements has the ring of truth to it. Now you don’t like that she said it, and I concur that it would have been better for everyone if she had put it in writing but she didn’t. Who thinks that this could happen to them when they are so young? Of course, a person could argue that a person with bulimia is not the most mentally healthy individual on the face of the planet. However that didn’t enter into the equation and you are either ignoring that fact that brought her to this place or maybe you are not aware of it. I maintain my opinion that Mr. and Mrs. Schindler are desirous of a Mulligan. They want to do it over and over until they get an opinion that aligns with their beliefs. It is clear that you agree with them and I respect that you are entitled to your opinion. However, I find your statements about Judge Greer to be very troubling. Judge Greer is an honorable man. I happen to have had the privilege of knowing him in my professional capacity. Then you write: “One of the most unsettling problems for me is the total lack of contemporary evidence of Ms Schiavo's condition. The very fact that judge Greer will allow NO testing of any kind makes me wonder why. As you know, medical advances happen every day. What would be the harm of allowing a full series of tests to confirm that Ms. Schiavo is indeed PVS? Why not settle this question once and for all?” The question has been resolved for all who are willing to accept the results. You and the Schindlers wish to keep bringing in a parade of doctors who are willing to diagnose Terri the way you hoped it would be. The truth is that Michael Schiavo sought many sources of therapy and help for Terri. None of it worked. Terri’s brain has been too damaged. There is no coming back. While it is tragic, it is the truth. Then you wrote: “Of secondary concern is the many violations of Florida state law by judge Greer. I will post on this tomorrow.” Are you licensed to practice law? Are you an attorney, paralegal, maybe a judge? Do you have access to the Florida Rules for Civil Procedure available to you? May G-d richly bless you as well. posted by: Stephen89702 (reply) post date: 03.26.05 (7:27 pm) Reply to: SusanofPudlin Thanks for posting parts of this thread on your Blog! I have some experience in the legal field. I am not a lawyer. (Thank God!) While I am not a paralegal, I have been employed for the purpose of legal research and drafting motions. I have also had the opportunity to present case law to a judge hostile to our side of the case. My presentation won the case and earned the opposing attorney a verbal spanking from the judge for not doing his homework. Most of my work has involved family law, which is close in nature to the law governing the Schiavo case. Any layperson can learn law and legal terms. There are hundreds of resouces available to anyone willing to take the time to look and learn. A lawyer I have known for many years and respect beyond words once told me that law schools and bar exams were not designed to help people to enter the profession but rather to keep people out. Cuts down on the competition, don't you know! At any rate, lawyers and judges are not really interested in what the truth of a matter might be. They are only interested in "legally correct" outcomes - no reversals on appeal. Facts? Who cares! All we have to do is make sure the procedure was correct. To the Schiavo case, no appeal has found that "Greer acted appropriately." Indeed, the appeals only affirmed that he followed the correct procedure. Appeal courts everywhere rarely rule on fact. They do rule on procedure. That's the reason you see so many appeal decisions with some variation of the following verbage: "We will not disturb [the lower court ruling] as we find no defect in the procedure." In point of fact, most appeals are remanded to the lower court for retrial only based on procedural errors made during the initial hearing. Take for example Scott Peterson. When his appeal is heard one point he may win is the question of how the judge handled dismissing jurors. If granted a new trial on those grounds, the appeal court will have found, again, an error in the procedure - not the facts central to the case. Returning to the Schiavo case, I can find no reason Greer is so adamant that Terri be murdered. He has consistantly refused to hear new evidence and/or facts. As I stated elsewhere, Green heard from only three people that "Terri wouldn't want to live like that." And all three of those people have the last name of Schiavo. No one else ever heard Terri make those remarks. Odder still, two of the Schiavo's didn't come forward with their testimony until after the guardial ad litem Richard Pearse had filed his report which questioned Michael Schiavo's motives for removing Terri's feeding tube. Remember, this was a full six years after the malpractice suit and eight years after Terri's collapse. Hmmm ... strange timing at the very least. You write "It was not hearsay". You must be the only person in the world that thinks that way. So-called legal experts on both side of the issue call it hearsay! Even Florida law calls it hearsay, and allows it. Ring of truth? After all those years of silence? Okay. Also please remember that immediately after Terri's collapse she was on a ventilator for a period of time. If Terri's wish was not to be "kept alive like that," why didn't Mr. Schiavo just pull the plug then - that would have been early in 1990. Oh yes ... he didn't have over $700,000 to gain back in those days. After all, he hadn't had a chance to go to court and testify about how much he loved his wife and how much he needed the malpractice money to take care of his dear sweet Terri for the rest of his life. All this while he was chasing anything in a skirt. Yeah, that's just the type of kind, compassionate, and caring person I have named on my power of attorney. Hope you do, too! God Bless & Happy Easter |
   THIS IS A "NO UN" ZONE
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