McCabe Closes Terri Schiavo Investigation

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The NY Times reports that state attorney Bernie McCabe of Pinellas and Pasco Counties has chosen to close Florida's investigation into the circumstances surrounding the 1990 collapse of Terri Schiavo.

In the new report, Mr. McCabe said that to open a full homicide investigation, there must be some fact or evidence indicating that a criminal act caused the death. He said his review had found none.

David Gibbs, a lawyer for Ms. Schiavo's parents, Robert and Mary Schindler, said the report appeared rushed. Mr. Gibbs noted that the Schindlers had not been interviewed by the state attorney's office. "We had thought they would meet with the family," he said.

Apparently McCabe was satisfied with Michael Schiavo's explanations for the alleged time gap between when his wife collapsed and when he called 911:
"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," Mr. McCabe wrote [Gov. Jeb] Bush in a letter accompanying the report.
Bush, who has been widely criticized for requesting an investigation responded with a brief statement, "Based on your conclusions, I will follow your recommendation that the inquiry by the state be closed."

The investigation had been ordered after the autopsy report concluded that Terri Schiavo did not collapse due to either a heart condition or an eating disorder. Both were widely accepted "facts" and the latter was used by Michael to motivate a malpractice claim in the early 90s.

The collapse that led to Terri's incapacitation remains a mystery although the Empire Journal asserts that her 1990 blood chemistry and physcial state was consistent with strangulation. The Journal quotes a lengthy medical report which concludes,

Many of Terri’s abnormal labs have a direct cause and effect relationship to extreme physical exertion, skeletal muscle injury, or bone injury. Studies done where they thought there was hepatic involvement were inconclusive. Did they test and check for trauma and domestic violence? We do not know.
Unfortunately, there is no satisfactory explanation for Terri's collapse and it does not appear that there ever will be a conclusive investigation.

What is more unfortunate is that Terri Schiavo was publicly dehydrated to death by order of a U.S. Court at the request of her husband. Any prior crime (if one was committed) pales in comparison to this outrageous event in American history.

Questions, allegations, suspicious, and concerns related to the 1990 collapse have no bearing on the ethical argument against the killing of Terri Schiavo. A finding of criminal activity would not make Terri's death any worse nor would an innocent explanation for Terri's incapacitation in any sense justify what was done to end her life.

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