Living Will vs. Hearsay Evidence

One of the many contradictory aspects of the Terri Schiavo case is that of Judge Greer accepting hearsay evidence from Michael Schiavo, his brother and sister-in-law that Terri was supposed to have said that she did not want to be left alive through the use of artificial support, whilst rejecting evidence from Terri's family and friends that she never expressed such thoughts.

It has always been accepted that hearsay evidence is not acceptable in a court of law, yet in the courtroom of Judge George Greer, this hearsay evidence, that did not emerge until at least 5 years after Terri was left brain damaged that Michael Schiavo suddenly remembers that Terri did not want to remain alive in that state. On the other hand, Michael Schiavo's girlfriend at the time stated that Michael had stated to her that Terri had not made such a request. This evidence was also ignored by Judge George Greer.

If Terri Schiavo had made a Living Will, in which she had set out her wishes in the event of being incapacitated, then the court would have been able to make a determination based upon the contents of such a will. The Catholic Church has guidelines about what is acceptable for a Living Will format, and if Terri had thought that such a will was necessary then no doubt she would have followed the accepted format. However, this is not the case. Terri did not leave explicit instructions for her well-being in the event of being incapacitated.

What is the implications of the lack of a Living Will in this case? First of all it has left a severely brain damaged woman open to physical and psychological abuse by her husband as he continues to try and have her killed by the state. The attempt to have Terri starved and dehydrated to death is an abuse of the due process of the law.

Second, it has left the way open for Terri to be abused by people who are unknown to her, to use her as a pawn in their attempt to impose state approved general euthanasia as a result of any court decision to pull out the feeding tube from Terri. Yes, Terri is being used by the pro-euthanasia lobby in Florida that includes the lawyers for Michael Schiavo, George Felos and Deborah Bushnell. This lobby has one goal in mind where this case is concerned and that is to oversee the death of Terri Schindler-Schiavo so that they can claim a victory for their "right to die" agenda, that is the culture of death.

Third, there is a more general implication for severely disabled people who do not have the capacity to make an informed decision to have a Living Will. If Terri Schiavo loses her life as a result of a decision in a court of law, then all those who have a physical or mental disability are at risk of someone applying to the courts to have them killed too. The way is also open for situations where people who have been in a long term coma are considered to be a drain upon society and their lives could be terminated.

The lack of a Living Will means that Terri should be protected by the courts so that her husband cannot do what he has proposed doing to her. Since she is not on life support equipment, and she is not comatose in her bed, then Justice Greer had no right to accept the hearsay evidence of Michael Schiavo and grant the request to put this young woman to death by a slow and painful process. It is a slap in the face to all who have some form of incapacity and disability that their rights can be overridden in this manner.

Who is the beneficiary of pushing for the acceptance of hearsay evidence? The true beneficiary is the pro-euthanasia lobby. It is not Terri Schiavo because she has been sentenced to die slowly and painfully. It is not those who have incapacitating disability, especially the vulnerable babies that are born with defects, including an incapacity such as cystic fibrosis, spina bifida, heart defects and Downs Syndrome. It is a decision that threatens the life of the elderly and especially those who suffer from Alzheimer's Disease, Motor Neurone Disease, ALS, and Parkinson's Disease. It will be a victory for the followers of the writings of Ron L. Hubbard.