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![]() "-=jd=-" wrote in message ... On Fri 25 Mar 2005 10:16:59a, "Honus" wrote in message news:LXV0e.24540$oa6.9834@trnddc07: {snippage} Again, it's already been established beyond any doubt. That's incorrect as well - It has been established by a "preponderance of the evidence", which is all that is required in a civil trial. In other I don't know what's up, but you are -seriously- misquoting me! This is the relevant passage: RHF said: It seems like the Husband is afraid to let his Wife be Revived; because She just may 'implicated' Him as "The Cause of Her Accident. And I replied: Again, it's already been established beyond any doubt. Furthermore, she -can't- be revived because the relevant part of her brain is -gone-. What I said has nothing to do with her wishes. What's up? words, the judge found one side of the argument as more credible that the other. The Judge felt the evidence was 51% (or more) in favor of the husband. If proof beyond a reasonable doubt were required this would never have been settled. The only evidence offered at the time was witness anecdotes. "He said -- she said" type of accounts. That was all determined at some point in the past. Since that time, the conflicting accounts that were raised in that proceeding have been joined by other conflicting accounts. However, to the husband's relief, the Judge has refused to hear anyone else's anecdotal account relating to her "wishes". It's all rather sad, actually. That's untrue. The matter was addressed in court, and both sides had the opportunity to present their sides. Furthermore, I wouldn't characterize this as He said She said. It appears to me, and I could very easily be mistaken, that it's a case of "She said" vs. "She never said anything about it to me". (I haven't heard anyone claim that she ever stated she wanted be be kept alive by heroic measures.) I think it's an important difference. As for the "preponderance of evidence" the judge in his written order (which was upheld on appeal) used the term "clear and convincing evidence". I'm no lawyer, and perhaps there's no difference between the terms, legally. But it sure sounds like it to me. It's an interesting question; I wonder if they are two different standards? Furthermore, she -can't- be revived because the relevant part of her brain is -gone-. It no longer exists. It died during her heart attack, atrophied away and has been replaced by spinal fluid. No one's ever grown a new brain before, which is the miracle that people are praying for and want to keep her alive for. If she could be revived, this whole thing wouldn't be an issue. In fact, we'd have never heard about it. IIRC, when her husband took her to Calif for some type of experimental or otherwise risky procedure, she developed an infection after electrodes were implanted in her brain. The sum total result of all the damage is a severe case of hydroencephaly (sp?) where spinal fluid began building in her head. It's my understanding that where a large majority of her brain used to be, there is now empty space filled by spinal fluid. Be that as it may, she still can survive without benefit of artificial respiration or cardiac stimulation. If her parents are willig to assume full responsibility for her health and welfare, than I see no credible, valid, humane reason to deny that option. If the option remains available, I always choose life over death for an innocent. We're just going to have to agree to disagree. But I appreciate the gracious way in which you've chosen to discuss it. (Other than that quoting anomaly.) |
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