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State's high court to
hear Wendland case
By
Linda Hughes-Kirchubel Record Staff Writer
The California Supreme Court will hear oral arguments May 30 in the case
involving a near-comatose Stockton man whose wife is seeking to remove him from
life-support.
Robert Wendland, 49, sustained substantial brain damage when he crashed while
driving his car drunk near Lodi in September 1993. Although he is no longer
comatose, his wife, Rose Wendland, has petitioned San Joaquin County Superior
Court to have his feeding and hydration tube removed, in accordance, she says,
with her husband's own wishes.
But Rose Wendland's mother-in-law, Florence, has fought for more than four
years to keep her son alive.
Rose Wendland has said her husband, cared for at Lodi Memorial Hospital West,
is no more than a shell of his former self, and in court documents he has been
called "minimally conscious."
Florence Wendland's attorney, Janie Hickok Siess, counters that there's no such
medical term, insisting that Robert Wendland can draw and kiss his mother's
hand and sometimes bowl from his wheelchair in the hospital's multipurpose
room.
Previously published reports have characterized his bowling as consisting of
pushing a lightweight ball on a ramp.
"That 'minimally conscious' person bowled a 168 last week," Siess
said.
"I can't speak for Rose, but I can tell you the people backing her side
want to move the line over to where you can dispose of disabled people. He is
conscious, just disabled."
A 1997 trial ended in a summary judgment by Superior Court Judge Bob McNatt
that neither Rose Wendland nor her husband's attorney had presented "clear
and convincing evidence" that they were following his wishes in removing
the tube. But McNatt refused to remove Rose Wendland as conservator for her
husband, creating a stalemate between her and Robert Wendland's mother, who
visits her son three days a week. Rose Wendland hasn't visited him since 1996,
Siess said.
Last year, the state's Third District Court of Appeal ruled that McNatt erred
when he made his ruling. According to the appellate court, under probate law,
McNatt should have considered only whether Rose Wendland had considered her
husband's best interests and met other statutory requirements of the Probate
Code.
But the appellate court also handed Florence Wendland a partial victory, ruling
the U.S. Constitution, which takes precedence over California code, does
require the higher standard of "clear and convincing evidence" in
such cases -- not just that the conservator act in good faith and based on
medical advice.
Siess wants the state Supreme Court to clarify the particular section of the
Probate Code that governs how conservators make decisions for those whose lives
they control.
The Supreme Court has a variety of options.
It can uphold all or portions of the appellate court's ruling, or it could
carve out a whole new decision. Each side has 30 minutes to argue its case.
Rose Wendland has instructed hospital staff not to discuss her husband's
condition, Lodi Memorial spokeswoman Carol Farron said.
Lodi Bureau Chief Jeff Hood contributed
to this report. *
To reach reporter Linda Hughes-Kirchubel, phone 546-8297 or
e-mail lkirch@recordnet.com