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To: Nadine Carroll who wrote (106487)3/29/2005 9:33:24 AM
From: Lane3  Respond to of 793759
 

The Schindlers may have been outlawyered...


I think it's important to recognize the lawyering shortfall on the Schindlers' side. That can help disabuse those who insist on blaming this on the judiciary. But I agree with you that it's unlikely that better lawyering would have helped in the early stages because the Schindlers have never had the law on their side.



To: Nadine Carroll who wrote (106487)3/29/2005 11:11:51 AM
From: Ilaine  Respond to of 793759
 
The significance of the Schindlers' lawyer failing to depose Michael Schiavo's siblings is that they were the primary witnesses to the conversation which is the basis for "pulling the plug" on Terri. The conversation allegedly took place after the funeral of one of their relatives, and Terri is alleged to have said that "she did not want to live like that", etc. Michael says he wasn't really listening. The main witness is his brother.

A deposition is a question-and-answer session in front of a court reporter, with no judge present. This is the time to find out exactly what the witness intends to say, and also the things the witness would rather not say. A thorough deposition of the main witness is essential to winning a case.

Do we know the weaknesses in Michael's case? No, because discovery was not done. We don't know what Terri meant by "I would not want to live like that." At this far remove, it's extremely unlikely that Michael Schiavo's brother is going to admit to any weakness in his story.



To: Nadine Carroll who wrote (106487)3/29/2005 1:43:21 PM
From: JDN  Respond to of 793759
 
Well, the point is in my mind, though they say 20 judges reviewed, truth is it was just a rehash of the original evidence allowed in the recording. Just listening to the many Terri friends that are now speaking out makes one HAVE to have DOUBTS. Would have been nice if they would have been called and quizzed under oath. jdn