[lbo-talk] Shiavo "Forbidden video"

Marta Russell ap888 at lafn.org
Thu Apr 7 13:56:29 PDT 2005



>Marta Russell wrote:
>
>>And I'll say once more that the trial wasn't fair. If it were a
>>criminal on death row you would have less of a bias towards the
>>"justice" system.
>
>Many - mabye close to all - the convicts on death row had crappy
>legal representation. I don't think that's true in this case.
>
>Doug

Breaking my 3 post limit and this will be the last -- As I understand it, it is true. The Schindlers did not have the money to pay for high powered "medical experts" at this state trial. On the contrary Michael had gotten a huge insurance settlement and was able to buy lots of "experts" and lawyers.

The unpaid hospice nurse's legal testimony in writing that she interacted with Terri and that Terri was conscious of her was dismissed by the judge in his personal assessment. I believe she cared for Terri for 18 months. I don't think that Greer allowed video tapes of Terri or audio tapes to be admitted. The judge did not go to the hospice to see for himself. The nurse remarked on TV that Greer was often distracted from the proceedings.

You must remember that the first trial upon which "the facts" were determined has been the only trial. A du novo federal trial would have started all over again and brought in not only the nurse's testimony but also a second nurse's testimony, the doctor from the Mayo Clinic and others. I don't think the Schindlers got serious legal help until there was more publicity and perhaps donations to their legal costs. But the judicial system of reviews of the first trial seemed to rubber stamp Greer's decision.

And to answer I beleive it was Wojtek, I think that we can fairly assume that if Terri was interacting that if she wanted to die she would have tried to convey that to those around her.

Marta

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