Posted by Orin Kerr:
Investigation of Schiavo's 1990 Injury:
http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119191180
In a letter to County State Attorney Bernie McCabe, Florida Governor
Jeb Bush has asked state prosecutors to look into the circumstances of
Terri Schiavo's collapse in 1990. McCabe has agreed to open an
investigation. I'm no expert in the statute of limitations provisions
of Florida criminal law, but I gather the major crime that could still
be prosecuted that far back would be homicide or attempted homicide.
What's the case that Schiavo's 1990 collapse might have involved a
homicide or attempted homicide? According to [1]press reports, the key
is a possible delay between when Michael Schiavo found Terri collapsed
and when he called the paramedics:
In a 2003 interview on "Larry King Live," Michael Schiavo said he
heard his wife fall around 4:30 a.m., the same time he told the
medical examiner's office. Later, during the 2000 trial on his
wife's end-of-life wishes, he said he heard a "thud" and rushed to
find his wife lying in the hallway at about 5 a.m.
Yet according to the autopsy report, paramedics weren't summoned
until 5:40 a.m.
"In light of this new information, I urge you to take a fresh
look at this case without any preconceptions as to the outcome,"
Bush wrote to McCabe. "Mrs. Schiavo's family deserves to know
anything that can be done to determine the cause and circumstances
of her collapse 15 years ago has been done."
Although Gov. Bush's letter apparently isn't clear on this, I gather
his theory is that perhaps Michael Schiavo attempted to kill Terri
Schiavo back in 1990 by intentionally failing to call the police for
40-70 minutes after she collapsed. I'm not sure that's the theory,
actually, but that's my best guess.
I recognize that the Schiavo case is a terribly sad and emotional
topic. But assuming I am right about Gov. Bush's theory, I think it's
worth noting how implausible that theory is from the standpoint of
trying to make out a criminal case. As I understand it, the theory
would require that Michael Schiavo: a) wanted Terri Schiavo to die,
and intentionally decided to wait 40-70 minutes before calling the
paramedics; b) didn't wait until the morning to call to make sure she
was dead, but instead waited only 40-70 minutes and then called at the
unusual hour of 5:40 am; and c) later decided to go on Larry King Live
where he announced the key piece of evidence against himself by giving
the time of the collapse as 4:30am instead of 70 minutes later. How
likely is that?
Have I misunderstood Bush's letter, or the evidence? Or am I wrong
in thinking the cases is being investigates as a possible attempted
murder? Or am I wrong that this theory seems quite implausible? I have
enabled comments. As always, civil and respectful comments only.
References
1.
http://www.nationalledger.com/scribe/archives/2005/06/gov_jeb_bush_se.shtml
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