I proved to you that Judge Greer is an ACTIVIST judge, but you chose to deflect, so one more time, try to explain THIS away:
“If Judge Greer’s 2000 order authorizing Michael Schiavo to end his wife’s life were a criminal death sentence, Terri would be entitled to a new trial on the basis of reversible error,” Gibbs said.
The alleged error centers on the testimony of Diane Meyer, one of Terri’s life-long friends. She told Greer that Terri had expressed her disagreement with the decision of Karen Ann Quinlan’s parents to remove their comatose daughter from life support in a highly publicized “right-to-die” case in the 1970s and 1980s.
“There was an incident when I told a poor joke about Karen Ann Quinlan. I remember distinctly because Terri never lost her temper with me. This time she did,” Meyer testified in 2002.” She told me that she did not approve of what was going on or what happened in the Karen Ann Quinlan case.”
Meyer told the court that the conversation had taken place, “in the summer of 1982.”
Greer ruled that, because Meyer spoke of the conversation in the present tense, she must have been mistaken about the date. He deduced that the comments must have been made in the mid-1970s, when Terri would have been only 11 or 12 years old.
“The first quote involved a bad joke and used the verb ‘is.’ The second quote involved the response from Terri Schiavo, which used the word ‘are,’” Greer wrote in his decision. “The court is mystified as to how these present tense verbs would have been used some six years after the death of Karen Ann Quinlan.”
As a result, Greer ruled that the statement that she “would not want to be kept alive artificially” - which Terri allegedly made in the presence of her husband, brother-in-law and brother-in-law’s wife - was Terri’s only adultcomment on the matter.
But Gibbs’ motion argued that it was Greer, not Meyer, who was in error.
“The court discredited Ms. Meyer’s testimony because of its own mistaken conclusion that Karen Ann Quinlan was dead in 1982. In reality, Ms. Quinlan was very much alive in 1982,” Gibbs wrote. “Ms. Quinlan did not die until 1985, some nine years after her court case ended and her respirator was removed.”
Greer’s refusal to consider Meyer’s testimony as equal to that of Terri’s husband and in-laws constitutes a reversible error, Gibbs claimed.
excerpt: http://www.cnsnews.com/ViewPrint.asp?Page=\Culture\archive\200503\CUL20050303b.html
Greer was anything but an activist judge in this case. He took the law of the State of Florida and applied it to the facts of the case. Just because you are not happy with outcome in a case does not mean the judge was activist.