>"After the first trial in this case, much evidence has been
>produced that should allow for a new trial -- which was the
>point of the hasty federal legislation. If this were a death
>penalty case, this evidence would demand reconsideration. Yet,
>an innocent disabled woman is receiving less justice."
Ralph may want to take refresher in law and health ethics, it's hard to know where to start with the flaws and misleading innuendo in this statement.
‘…there are many doubts in this case’ what doubts have been raised by someone who isn’t pedaling another agenda or is actually competent to assess her clinical situation and act in her interests?
There was no 'outrageous order' in place, other than those generated by legislators. At the core of it was the question of whether her husband or her family had the right to act as her agent in her incapacitated state. Court after court ruled that he did, even after her family repeatedly tried to prove and failed, that he was abusing his position of agent. To the extent anything was ordered it was an order to comply with standard of law in cases of power of attorney.
‘…much new evidence’ this is the same crap Frist etc. al. invoked. There was no new evidence; the neurologist who examined and observed her for close to 3 weeks diagnosed her state as being non-responsive and incurable. The autopsy confirmed that, as well as disproving, yet again, efforts to accuse her husband of physical assault or poisoning her. The only mystery left is why she initially went into a coma, which is irrelevant to this issue. Again, court after court said there was no new evidence and no new ‘trial’ (real nice slide into criminalizing a decision her husband was legally empowered to make) was warranted.
‘…a death penalty case’ this is absolute crap. It is not a death penalty case, no one is accused of a crime, no one is under a deliberate sentence of death and she sure as hell has not been denied due process, and I bet this case went through more courts than most of the 100 odd people that George Bush and his brother have signed the death warrant for.
Decisions like this are made every day by dozens, if not hundreds of people. For some reason a bunch of media seeking parasites in the Christian right and politics decided to latch on to this one. Do you really think they would be this excited if she was a 250 pound Islamic woman of color in a coma because of a drug overdose?
Almost any decision to withhold treatment can result in death, but the law allows a competent adult or their agent to make the decision to do this. It is not a pretty case, none of these cases ever are, but the law has evolved to deal with them. She could not act on her own wishes, the law allows her husband to do so and all the courts invoked accepted that he was acting on what her wishes would have been.
Probably over limit, so I’ll shut up now.
PC
N P Childs
'I'm Mister Bad Example, the stranger in the dirt, I like to have a good time and I don't care who gets hurt'.
-Mr. Bad Example, W Zevon