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Wednesday, March 30, 2005

Yet another Schiavo update

Posted by: Hammer / 9:14 AM

Media Matters has an amusing transcript MSNBC's Scarborough Country:
DANIELS: Doctor, was a CAT scan -- Doctor, your critics would ask you, was a CAT scan used? Was an MRI taken? Were any of these tests taken?

CRANFORD: You don't know the answer to that? The CAT scan was done in 1996, 2002. We spent a lot of time in court showing the irreversible -- you don't have copies of those CAT scans? How can you say that?

The CAT scans are out there, distributed to other people. You have got to look at the facts. The CAT scan is out there. It shows severe atrophy of the brain. The autopsy is going to show severe atrophy of the brain. And you're asking me if a CAT scan was done? How could you possibly be so stupid?

SCARBOROUGH: Wait. Wait. Wait. Wait a second.

[crosstalk]

SCARBOROUGH: Hold on a second, if I can interrupt here.

CRANFORD: Go ahead. Joe, interrupt me.

SCARBOROUGH: Why don't you go ahead and tell the rest of the story there? Why don't you tell us that the radiologist that looked at the two CAT scans said she showed improvement in 2002 over 1996? You know, you seem so sure of yourself. The Associated Press reported yesterday --

CRANFORD: Joe, the judge didn't believe him.

SCARBOROUGH: Hold on a second. Hold on a second. You're so sure of yourself -- respond to this. AP had a report yesterday. They said seven doctors have looked at her. Four said she was in persistent vegetative state. You were one of them, hired by Michael Schiavo to do that. There were three others that looked at her that disagreed. How can you be so absolutely sure that everybody that agrees with you is 100 percent accurate and everybody on the other side is a charlatan?

CRANFORD: Joe, Judge -- Judge [George W.] Greer disallowed, didn't believe what [Dr. William] Maxfield [a doctor selected by Terri Schiavo's parents] said. You got your numbers wrong. There were eight neurologists saw her. Seven of the eight said she was in a vegetative state. Only one said she wasn't.

I think that's the way you go after right wing talk show hosts -- know the facts and correct every misstatement that's made.
Meanwhile, the litigation continues:
The appeals court granted Gibbs' request late Tuesday to file the new petition despite having set a deadline of last Saturday morning for any such appeals. Gibbs said in his filing that the new issues were the result of "further research, reflection and consultation" because the same court rejected his petition last week.

However, the court -- which has declined previous petitions three times in the case -- has not agreed to hear it this time.

It has only granted the Schindlers the right to file another petition. ...

The attorney argued that he could prove to the federal court that "the 'evidence' supporting Terri's alleged wishes is not credible, and that a reasonable fact finder would hold -- under any standard of proof -- that her wishes were to the contrary."

This doesn't sound like a new or novel argument, so it's unlikely that the 11th Circuit will grant the petition, particularly where the petitioner wants an appellate court to weigh the credibility of evidence. Credibility is an issue best determined by trial courts, which have the opportunity to directly observe witnesses. Courts are loathe to revisit such issues on appeal.

3 Comments:

That Scarborough/Cranford exchange was extremely satisfying. It was refreshing to see Dr. Cranford trounce Congressman Joe in the manner he did, totally exposing Joe as the hack/clown he is. My girlfriend was so excited she almost called Hennepin County Medical to congratulate the doctor on his performance. I guess from now on Congressman Joe will have to make sure he invites patsy guests he can shove around--hey, it works wonders for Hannity and O'Reilly

By Anonymous Anonymous, at 11:15 AM  

I like how Joe S. attempted to rebut Cranford with more incorrect facts, and got destroyed again. "Hey, doctor, you are so sure of yourself, here are is some more made up bs, refute that!"

Monostereo, I thought we had an exclusive commenting deal? You snake.

By Anonymous Anonymous, at 12:11 PM  

Hannity likes it so much he picked a patsy co-host, too.

By Blogger Hammer, at 12:49 PM  

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