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Prosecutor: No criminality in Schiavo collapse. Bush ends inquiry
Bradenton Herald ^ | Thu, Jul. 07, 2005 | DAVID ROYSE

Posted on 07/07/2005 5:22:33 PM PDT by KDD

TALLAHASSEE, Fla. - There is no evidence that Terri Schiavo's collapse 15 years ago was caused by criminal activity, said a prosecutor asked by Gov. Jeb Bush to look into the case.

Bush, who asked State Attorney Bernie McCabe to further investigate Schiavo's case after her autopsy last month, responded Thursday by saying he considers the state's involvement with the matter finished.

"Based on your conclusions, I will follow your recommendation that the inquiry by the state be closed," Bush said in a two-sentence response to McCabe. The governor is vacationing in Maine and couldn't be reached for further comment, said officials in his office.

In asking last month that McCabe look again into what put Schiavo in a persistent vegetative state, Bush had cited an alleged gap in time between when Schiavo's husband Michael found her and when he called 911 as something that remained unsettled.

McCabe said, however, that while such discrepancies may exist in the record, Michael Schiavo's statements that he called 911 immediately had been consistent.

"This consistency, coupled with the varying recollections of the precise time offered by other interested parties, lead me to the conclusion that such discrepancies are not indicative of criminal activity and thus not material to any potential investigation," McCabe wrote in a letter to Bush accompanying his report dated June 30 but not released until Thursday.

Terri Schiavo died March 31 from dehydration after her feeding tube was disconnected despite efforts by Bush, her parents and some state national lawmakers to keep her alive. Michael Schiavo had fought to have the tube disconnected, saying his wife wouldn't have wanted to remain in such a state.

The autopsy left unanswered the question of why Terri Schiavo's temporarily heart stopped, cutting oxygen off from her brain. Medical Examiner Jon Thogmartin was thus unable to determine with reasonable certainty a "manner of death."

McCabe said there must be some fact or evidence indicating a criminal act caused the death to open a full homicide investigation in his office.

"A review of the available records, including Dr. Thogmartin's report, reveals no 'facts' or 'evidence' that indicate a criminal act ... was causative of Mrs. Schiavo's collapse or subsequent death," McCabe wrote. "There are several hypothetical theories that could be advanced, but I have concluded, though not with reasonable certainty, that the most likely hypothesis for the cause of her collapse was the one advanced during the 1992 malpractice litigation, i.e. an eating disorder.

"I realize that this review does not provide definitive answers to the questions you sought to have answered," McCabe wrote to Bush. "However, I feel comfortable in stating, without preconceptions, that these are the probable answers when one considers all of the records and reports available at this time."

Attorneys for Terri Schiavo's parents didn't immediately respond to a request for comment.

Michael Schiavo's attorney said he would comment after he'd had a chance to fully review McCabe's report.

The battle between Terri Schiavo's husband and parents over whether she should be allowed to die engulfed the courts, Congress, the White House and divided the country.

Bush was firmly on the side of her parents, Bob and Mary Schindler, and once before ordered her feeding tube reinserted. Her feeding tube was removed in October, 2003, but the Legislature passed an emergency law giving Bush the authority to step in. He did, ordering it reinserted six days later. The law that allowed him to do that was thrown out by the courts, leaving him unable to intervene when it was removed again this past March.

The attorneys in McCabe's office who did the latest investigation, Doug Crow and Bob Lewis, noted that their work wouldn't close the case in the minds of many.

"It is unrealistic to expect, considering the past decade of increasingly venomous litigation and the family members' disparate and irreconcilable beliefs as to Terri's wishes, that our office has the ability to resolve or ameliorate this long-standing dispute," Crow and Lewis wrote.

But they wrote, "It is obvious to us that there is no possibility of proving that anyone's criminal act was responsible for Mrs. Schiavo's collapse."


TOPICS: News/Current Events
KEYWORDS: schiavo; terri; terrischiavo; wifekiller

1 posted on 07/07/2005 5:22:33 PM PDT by KDD
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To: KDD
"It is obvious to us that there is no possibility of proving that anyone's criminal act was responsible for Mrs. Schiavo's collapse."
2 posted on 07/07/2005 5:30:53 PM PDT by EllaMinnow (Help stamp out unnecessary apostrophes.)
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To: KDD

You are probably wasting your time posting this -- people on here will never believe there wasn't something criminal -- some have lost all common sense on a number of issues.

BTW, I did not agree with withdrawing food and water or her husband being her guardian under the circumstances.


3 posted on 07/07/2005 5:31:27 PM PDT by PhiKapMom (AOII Mom -- J.C. for OK Governor in '06; Allen/Watts in 2008)
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To: KDD

I want to read Mark Fuhrman's book.


4 posted on 07/07/2005 5:37:37 PM PDT by Humidston (Hillary's Full Name - EVITA PEYRONie's CLINTON)
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To: Humidston

You should, it is great.


5 posted on 07/07/2005 5:38:07 PM PDT by Halls (I will never forget Terri Schiavo and neither should you!)
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To: PhiKapMom

There's a great gulf between believing that a criminal act occurred, and being able to prove it in court beyond the shadow of a reasonable doubt. In other words, it is possible to believe that someone can get away with murder, as might well have happened here.


6 posted on 07/07/2005 5:42:57 PM PDT by coloradan (Hence, etc.)
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To: EllaMinnow

I looked for a reference to Mark Fuhrman's new book, in vain.


7 posted on 07/07/2005 5:45:33 PM PDT by Misterioso
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To: Misterioso
I looked for a reference to Mark Fuhrman's new book, in vain.

Good.

8 posted on 07/07/2005 5:47:35 PM PDT by EllaMinnow (Help stamp out unnecessary apostrophes.)
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To: PhiKapMom

I know.

But it needed to be posted.


9 posted on 07/07/2005 5:47:46 PM PDT by KDD (http://www.gardenofsong.com/midi/popgoes.mid)
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To: coloradan

I'm trying to figure out how hubby would have ever known that she would not recover from her state when he called 9-11. If you can convince me of that, I'd say there was a possible criminal act.


10 posted on 07/07/2005 5:51:01 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: KDD

I agree with you 100%!


11 posted on 07/07/2005 6:01:59 PM PDT by PhiKapMom (AOII Mom -- J.C. for OK Governor in '06; Allen/Watts in 2008)
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To: coloradan
and being able to prove it in court beyond the shadow of a reasonable doubt

The burden of proof for a criminal charge is "beyond a reasonable doubt", not "beyond the shadow of a doubt" or "beyond the shadow of a reasonable doubt."

12 posted on 07/07/2005 6:09:32 PM PDT by SedVictaCatoni (<><)
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To: Misterioso
I looked for a reference to Mark Fuhrman's new book, in vain.

Why would you do that?

13 posted on 07/07/2005 6:10:32 PM PDT by unbalanced but fair ("Suppose you're an idiot. Suppose you're a congressman. But I repeat myself." Mark Twain)
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To: KDD
"Based on your conclusions, I will follow your recommendation that the inquiry by the state be closed," Bush said in a two-sentence response to McCabe.

Looks like a one sentence response to me...was there another sentence? What was it?

FMCDH(BITS)

14 posted on 07/07/2005 6:18:35 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: KDD

The evidence was cremated.


15 posted on 07/07/2005 6:21:01 PM PDT by Cicero (Marcus Tullius)
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To: KDD

16 posted on 07/07/2005 6:46:29 PM PDT by joesnuffy (Does the Red Crescent have falafel dollies?)
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To: EllaMinnow; PhiKapMom; All
In 1992, he went to court and received a settlement for Terri's rehabilitation. Then, still in 1992, he melted down ALL her jewelry and had her cats put to sleep.

If the Court and the insurance company had both decided she could still be rehabilitated in 1992, why would he melt down her wedding ring and kill her cats?

I can't come up with an explanation other than that he really despised her, and was and is, at heart, a sadistic sociopath.

However, perhaps someone has a different explanation. And, as always, I do keep an open mind. So, I would welcome any different interpretation of the facts cited above.

Thanks


TAGLINES

Pzifer: “Viagra won’t cause dementia or blindness". (Except if one wears a Black Robe)

Clean your muskets and sharpen your pitchforks and get ready to ride to the sound of the guns.(KELO) :o}-

Dems, hello??? We could get out of Vietnam; we can’t GET OUT of terrorism.

17 posted on 07/07/2005 6:49:16 PM PDT by sirthomasthemore (I go to my execution as the King's humble servant, but God's first!)
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To: KDD

There oughta be a law...


18 posted on 07/07/2005 6:50:21 PM PDT by Petronski (BRABANTIO: Thou art a villain! ---- IAGO: You are--a senator.)
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To: All
***NEWS FLASH***

The crime we need to worry about happened in 2005. And it happened in Tallahassee and, to a lesser extent, Washington, D.C.

But we can count on the GOP to change the law and appoint judges who will protect life, so Terri did not die in vain.

I don't know whether to laugh at that last thought or cry.

19 posted on 07/07/2005 6:57:17 PM PDT by jayhorn (when i hit the drum, you shake the booty.)
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To: PhiKapMom
McCabe said there must be some fact or evidence indicating a criminal act caused the death to open a full homicide investigation in his office.

"A review of the available records, including Dr. Thogmartin's report, reveals no 'facts' or 'evidence' that indicate a criminal act ... was causative of Mrs. Schiavo's collapse or subsequent death," McCabe wrote. "There are several hypothetical theories that could be advanced, but I have concluded, though not with reasonable certainty, that the most likely hypothesis for the cause of her collapse was the one advanced during the 1992 malpractice litigation, i.e. an eating disorder.

Bernie must not have gotten the memo.

20 posted on 07/07/2005 7:09:12 PM PDT by KDD (http://www.gardenofsong.com/midi/popgoes.mid)
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To: SedVictaCatoni

My mistake, sorry.


21 posted on 07/07/2005 7:27:17 PM PDT by coloradan (Hence, etc.)
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To: KDD

Furman just said that he thought that Michael Shiavo had such a bad temper that he would crack under questioning and tell what happened. He pointed out lots of discrepancies in his testimony. Looks like the prosecutor waited til Furman's book came out and then decided to pass.


22 posted on 07/07/2005 7:30:11 PM PDT by ClaireSolt (.)
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To: KDD

The Terripalooza Industry won't sit still for this - there are careers a'bornin'.


23 posted on 07/07/2005 7:31:29 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: KDD

Of course there was no criminal act, he only murdered her. (or should I say put her in a euphoric state?) This certainly is not surprising though, I would expect nothing less from Florida.


24 posted on 07/07/2005 7:37:33 PM PDT by trustandobey (Delay 2008!)
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To: KDD

this will cause sean hannity have even MORE questions....even after Mark F. narrowed things down to only 6 possibilities. and dont forget that timeline........


25 posted on 07/07/2005 7:50:01 PM PDT by isom35
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To: KDD

[...crickets...]


26 posted on 07/07/2005 9:29:06 PM PDT by malakhi
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To: KDD

Another outrage against Terri. Do I believe this? No, does that make me a nut? NO.


27 posted on 07/07/2005 9:32:59 PM PDT by ladyinred
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To: KDD
More documentation in regard to this:

1. Memorandum from Prosecutors Crow and Lewis to State Attorney McCabe (the investigation report)

2. Report Cover Letter - McCabe to Jeb Bush

3. Letter from Bush to McCabe in response to report

28 posted on 07/08/2005 5:31:17 AM PDT by tbritton
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This was a huge conspiracy to kill Terri. Most politicians are in it. Doctors, nurses, pathologists, medical examiners, lab technicians, cops, sheriffs, judges, court reporters, newspaper reporters.

Even Jeb Bush when he had a chance to seize Terri and save her, he cowered. Now he's ending the inquiry prematurely, without providing any justice to Terri.

House majority leader, Representative Tom Delay, allowed an insignificant state judge defy a Congress subpoena. President Bush just followed Congress and never took the initiative to rescue Terri from certain death.

The Republican judges in the state and federal courts just rubber-stamped the local state judge’s decision to kill Terri.

Is there anyone who could have saved Terri and actually fought tooth and nail for Terri?

[end of typical Schindlers’ supporter rant]
29 posted on 07/08/2005 5:45:05 AM PDT by george wythe
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To: tbritton; malakhi

Thanks for those links. The letters, and especially the report, are well worth reading.

And bookmarking.


30 posted on 07/08/2005 7:12:46 AM PDT by EllaMinnow (Help stamp out unnecessary apostrophes.)
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To: tbritton

Wow! What a smackdown to the know-nothing pundits!


31 posted on 07/08/2005 9:08:13 AM PDT by drjimmy
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To: SedVictaCatoni
The burden of proof for a criminal charge is "beyond a reasonable doubt", not "beyond the shadow of a doubt" or "beyond the shadow of a reasonable doubt."

That's the standard for a criminal conviction-for a charge, there just has to be probable cause. This investigation failed to turn up even that much.

32 posted on 07/08/2005 11:01:42 AM PDT by uberPatriot
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To: EllaMinnow
the conclusion may be correct, but my sense is that Bernie McCabe is crooked bast*rd, based on the limited contact I've had w/his crooked bast*rd staff.

unfortunately, the authority of this investigation will forever be in doubt.

if only someone credible could be found there...

it's a perfect storm of incompetence and malice.

33 posted on 07/08/2005 11:39:50 AM PDT by the invisib1e hand (In Honor of Terri Schiavo. *check my FReeppage for the link* Let it load and have the sound on.)
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To: KDD

A second hand-washing wasn't really necessary, Jeb.


34 posted on 07/08/2005 11:42:01 AM PDT by k2blader (Was it wrong to kill Terri Shiavo? YES - 83.8%. FR Opinion Poll.)
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To: uberPatriot
That's the standard for a criminal conviction-for a charge, there just has to be probable cause.

Yes, but the original poster referred to "being able to prove a criminal act in court", i.e., a criminal conviction.

35 posted on 07/08/2005 2:09:42 PM PDT by SedVictaCatoni (<><)
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To: coloradan

When the evidence is not on your side just keep insinuating as though it is. Bush will reap the hatred of the fanatics for not playing ball with them and trying to railroad a innocent (of murder) man.


36 posted on 07/08/2005 2:15:39 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Sacajaweau

He was an evil clairvoyant don't you know?


37 posted on 07/08/2005 2:16:55 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Hank Rearden

You must be as popular on TS threads as I am.


38 posted on 07/08/2005 2:19:03 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
There's plenty of circumstantial evidence for my side. Maybe not enough for a criminal conviction, but plenty enough for a lingering suspicion. Some people do get away with murder.
39 posted on 07/08/2005 4:36:33 PM PDT by coloradan (Hence, etc.)
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To: the invisib1e hand

Thank you for continuing to share your tribute, In Honor of Terri Schiavo. It's beautifully done.


40 posted on 07/08/2005 7:39:08 PM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri Schindler <strike>Schiavo</strike> - www.terrisfight.org)
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To: BykrBayb
thank you for that, we appreciate that.

I wish with all my heart I could shake the conviction that there is something very wickedly wrong with Florida government but I cannot. I said it was the perfect storm and it was -- a reprobate local government was required to put Terri Schiavo to death. Regardless of any domestic wrongdoing, the system not only failed to save her, it conspired to kill her. The implications are chilling.

41 posted on 07/09/2005 10:42:41 AM PDT by the invisib1e hand (In Honor of Terri Schiavo. *check my FReeppage for the link* Let it load and have the sound on.)
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To: coloradan

It is false that there is "plenty" of circumstantial evidence of murder. There is NONE. Suspicions, hopes, fantasies and dreams are NOT evidence of a crime. They are evidence of something though.


42 posted on 07/11/2005 10:19:38 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
Having a record of abuse. Waiting seven years before "remembering" that her wishes were to not be kept alive. Suing for medical malpractice, and winning a judgement based on using the money for rehabilitation, and then not doing so. Sealing medical records for some number of years (10? 20?). Preventing parental access to her. Living with, and fathering children with, another woman while continuing to claim legal guardianship out of some sort of "allegiance" to her. Hiring an attorney known for positions on euthanasia. Moving her to a different hospice within the jurisdiction of a judge who is (1) a recipient of contributions from said attorney and (2) known for decisions on euthanasia cases.

Nope, no circumstantial evidence at all.

43 posted on 07/11/2005 10:57:52 AM PDT by coloradan (Hence, etc.)
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To: coloradan

There is no "record" of abuse. Were the cops called? Were charges made? Or is this just another slander from the Schindleristas who apparently will believe anything negative about Michael?

The other bilge has nothing to do with murder and certainly is NOT evidence of such. Cupidity, fraud, self-serving, insensitivity MAYBE? But Murder? Not a shred. But anyone basing their beliefs about this who believes ANYTHING the Schindlers are saying won't have a clue.


44 posted on 07/11/2005 11:14:28 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: KDD
"I have concluded, though not with reasonable certainty, that the most likely hypothesis for the cause of her collapse was the one advanced during the 1992 malpractice litigation, i.e. an eating disorder."

That's McCabe providing a statement under official seal to butress the murderer Micheal's position with regard to any future litigtaion for fraud in the malpractise suit. It may well speak to a conspiracy to bottle-up any follow-on legal proceedings in the murder of Terri Schindler-Schiavo.

45 posted on 07/11/2005 11:28:33 AM PDT by bvw
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