Friday, March 04, 2005

Will A Judges Error Keep Terri Schiavo Alive?

Judge Greer may have excuded oral arguments against removing Schiavo's feeding tube based on flawed information. The facts the judge got wrong surround comments reported to have been made by Schaivo in 1982 where Terri indicated she disagreed with a mother's decision to remove her child from life support. According to WND.com:

Parents Robert and Mary Schindler contend Pinellas County Probate Court George Greer made a "clear mistake" when he discounted the testimony of Diane Meyer, who said that in 1982 Terri Schiavo told her she did not agree with the well-known decision by Karen Ann Quinlan's parents to take their daughter off life support.

Florida law allows for consideration of oral expressions of end-of-life wishes. Husband Michael Schiavo claims his wife told him she would not want to be keep alive through artificial means, but her parents don't believe that.

Attorneys for the parents of Terri Schiavo filed a new motion claiming a trial judge made a reversible error that affected his determination of whether the brain-damaged Florida woman would want to be keep alive in her present condition.

Parents Robert and Mary Schindler contend Pinellas County Probate Court George Greer made a "clear mistake" when he discounted the testimony of Diane Meyer, who said that in 1982 Terri Schiavo told her she did not agree with the well-known decision by Karen Ann Quinlan's parents to take their daughter off life support.

Florida law allows for consideration of oral expressions of end-of-life wishes. Husband Michael Schiavo claims his wife told him she would not want to be keep alive through artificial means, but her parents don't believe that.

Terri Schiavo is not hooked up to any machines, but she requires a small feeding tube for nourishment and hydration. In 2000, Greer ordered that the tube be removed, and last week, denying a motion for a further stay, gave the Schindlers until March 18 at 1 p.m. to appeal before the order is carried out.

At the 2000 trial, Greer, although initially finding Meyer's testimony 'believable,' concluded that the conversation could not have occurred in 1982, because he believed Quinlan died in 1976. At that time, Terri would have been only 11 or 12 years old and, therefore, would not have made her end-of-life wishes as an adult.

So basically it is said that this false information led to a desision by judge Greer that is not legal. Thus it is necessary to hear arguments and for Judge Greer to issue a determination all over again.



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