Texas Rainmaker
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March 23rd, 2005 9:33 am
No Wonder Terri Can’t Win in Court…

Her lawyers can’t even get her parents’ names right on the Habeus Corpus peitition.

And it appears someone in this case could face either a second- or third-degree felony according to Florida law:

765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.–

(1) Any person who willfully conceals, cancels, defaces, obliterates, or damages an advance directive without the principal’s consent or who falsifies or forges the revocation or amendment of an advance directive of another, and who thereby causes life-prolonging procedures to be utilized in contravention of the previously expressed intent of the principal, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who falsifies or forges the advance directive of another or who willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging procedures contrary to the wishes of the principal, and who thereby because of such act directly causes life-prolonging procedures to be withheld or withdrawn and death to be hastened, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

It has been stipulated in court that Terri Schiavo did not have a formal written Advanced Directive. If she did, we wouldn’t be hearing about this case today. Acording to the definitions section of this statute:

765.101 Definitions.–As used in this chapter:

(1) “Advance directive” means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal’s desires are expressed concerning any aspect of the principal’s health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part X of chapter 732.

Michael Schiavo has testified that Terri Schiavo’s instructions were to reject “life-prolonging procedures” including nutrition and hydration.

Bob and Mary Schindler have testified that Terri Schiavo did not convey instructions to reject “life-prolonging procedures” including nutrition and hydration.

They can’t both be right. And if both parties are swearing under oath that they know the absolute truth, one of them is lying… and is “falsifying or forging” the oral advanced directive of Terri Schiavo.

Should we believe the loving parents who want to care for their child? Or do we believe a man who showed no respect for his wedding vows by committing adultery, who advised medical staff not to treat his ailing wife for a simple infection knowing that directive would likely result in her death, who is accused (in sworn testimony) of saying, “When is she going to die?,” “Has she died yet?” and “When is that bitch gonna die?”

Aside from the investigation that ought to ensue regarding how Terri was injured (is Michael Schiavo trying to cover up his own criminal behavior - he has demanded a cremation immediately after her death to prevent an autopsy…) there ought to be an investigation into who has been falsifying or forging the Oral Advanced Directive of Terri Schiavo.

Posted by TexasRainmaker |
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