Friday, March 04, 2005

WorldNetDaily: Judge's error to save Terri Schiavo?

And what error did George Greer make? At issue is the testimony of Diane Meyer, who talked to Terri Schindler-Schiavo about the "right-to-die" case involving Karen Ann Quinlan. Terri said that she did not agree with Karen Quinlan's parents' decision to take their daughter off life support.

Greer threw out that testimony on this basis:

  1. Ms. Meyer said that she talked to Terri about that case in 1982.
  2. The judge "believed" that Karen Quinlan died in 1976, the year that her court case ended, and Terri Schindler was only twelve years old at the time.
The punch line: Karen Quinlan did not actually die until 1985! You all remember--they disconnected her ventilator, and then she lingered on--and on--and on--until she finally died nine years later.Therefore, in 1982, the Quinlan matter would still be current--and the key is that Terri Schindler was eighteen years old, therefore a voting-age adult when she had that conversation! Therefore the judge had no basis to exclude Ms. Meyer's testimony about Terri Schindler-Schiavo's verbal expression, as an adult, of her policy on end-of-life issues.

That the judge would forget that detail is incredible--but that he would commit an official act on the basis of that mistake is what lawyers call reversible error. Accordingly, Bob and Mary Schindler's new lawyer has filed a motion for Judge Greer either to set aside his earlier verdict or else convene a new trial of the matter of Terri Schindler-Schiavo's end-of-life "wishes."

In other news, the WorldNetDaily piece reports that Representative Dave Weldon (R-FL) will on March 8 introduce a bill to allow the Schindlers to make this a direct federal case. As a result this would no longer be an appeal of a state Supreme Court ruling, but a matter to be tried, or at least heard, in the federal courts.