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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.