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To: daylate-dollarshort
....."I'd remember, in order to levy criminal charges, there must be evidence. So far such evidence seems to be lacking."

The reason is for this is precisely because there has never been a true criminal investigation to begin with.

To be technical, evidence is NOT required to initiate a criminal investigation, only Probable Cause is needed. There is more than enough of that in this case. Not only that, there is enough hard evidence as it stands pm top of a whole pile of circumstantial evidence.

So far, McCabe's lame excuse for not conducting a criminal investigation according to the Schindlers is that supposedly the Statute of Limitation on Wife Abuse has expired since the alleged crime took place in 1990. But that's hog wash.

If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

While the original assault causing Terri's collapse may have been unintentional, subsequent acts to pull her feeding tube could certainly qualify for attempted murder (twice), which Statute of Limitation does not apply. It is a serious violation of office not to initiate investigation with all the available information as it stands. This applies to Jeb Bush even, he does have the power to order an investigation.

At the very minimum, McCabe should convene a grand jury and let them decide. That should be interesting if it happens, where any juror can ask questions and Mikey will be on the stand alone without Felos even allowed in the room.

It is not uncommon when parallel investigations are being conducted. In addition, a criminal investigation always trumps any civil matters regardless of whatever the court orders, when there is sufficient Probable Cause.
202 posted on 01/06/2004 7:48:36 PM PST by m4629
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To: m4629
If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

"Why, what a piece of hogwash. MS as her duly established legal representative could have lodged a complaint against himself!" [sarcasm, but this makes about as much sense as the rest of the kill-terri drive]

204 posted on 01/06/2004 8:19:13 PM PST by drlevy88
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To: m4629
If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

I would further posit that if there was a possibility that later actions were committed with the intention of covering up earlier crimes, then even if the crimes themselves could not be prosecuted under the statute of limitations, they could if proven help to prove criminal motive for later actions whose statute of limitations has not yet elapsed.

If evidence could be produced to show that Michael Schiavo had reason to believe that evidence would eventually come to light that would land him in prison unless Terri died first, that could very likely convince a jury that his earlier attempts to kill Terri constitute attempted murder most foul.

205 posted on 01/06/2004 9:26:41 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: m4629
"To be technical, evidence is NOT required to initiate a criminal investigation, only Probable Cause is needed. There is more than enough of that in this case. Not only that, there is enough hard evidence as it stands pm [sic.] top [sic.] of a whole pile of circumstantial evidence."

If there is such evidence I would appreciate your opinion of what it is.

218 posted on 01/07/2004 7:17:13 AM PST by daylate-dollarshort
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