In 1931, British author Anthony Berkeley Cox, writing under the pseudonym of Francis Iles, penned a murder mystery novel titled "Malice Aforethought".

The novel related the story of a physician who slowly poisoned his domineering wife to death so he could be with the woman that he loved. It is a classic tale of infatuation, revenge and murder. The work was groundbreaking in that it was the first in the genre to reveal the murderer's identity at the beginning and allow the reader to see the workings of a criminal mind.

In criminal law, malice aforethought is the element of mens rea, Latin for "guilty mind". Mens rea is an element of the crime which must accompany the actus reus of death in order to secure a murder conviction.

Legal dictionaries define malice aforethought as the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. Malice aforethought is a general evil and depraved state of mind in which the person is unconcerned for the lives of others, a depraved indifference to human life.

In his leading textbook on criminal law, "Learning the Law", Glanville Williams says malice aforethought is a precisely defined legal term that is a term of art of not a term of deception. He says that murder does not require either spite or premeditation. Mercy killing can be murder, Williams says, so can a killing where the intent in conceived "on the instant".

Two years ago this week, America witnessed and allowed disabled Terri Schindler Schiavo to be murdered in Florida before the eyes of the world, a capital punishment that civil libertarians would have decried long and loud as being cruel and unusual punishment had a death penalty by dehydration and starvation been imposed by the courts upon a convicted killer rather than a disabled 41-year-old woman. Such a judicial homicide would have been deemed a violation of the 8th Amendment had it been in the criminal courts instead of the biased and prejudiced court of Pinellas County probate court Judge George W. Greer.

Terri Schiavo mysteriously collapsed at age 26 at her home on Feb. 25, 1990, when presumably only her husband Michael Schiavo was present. Why has there not been any meaningful investigation into what really happened to Terri Schiavo on Feb. 25, 1990, how her injuries were incurred, injuries which forever changed her destiny and set the stage for a 15-year battle between her estranged husband and guardian, Michael Schiavo and her parents, Mary and Robert Schindler?

Terri Schindler Schiavo died March 31, 2005, at Woodside House Hospice in Pinellas Park 13 days after her nutrition and hydration had been ceased by order of Greer. The 41-year-old disabled woman was not terminal, in fact the medical examiner said she could have lived another 10 years. She was simply handicapped, the victim of serious brain damage which resulted from a highly suspicious incident which occurred at her home 15 years earlier with presumably her husband as the only witness.

The requisite mens rea or guilty mind of Michael Schiavo seems to have existed according to Terri's closest friends, her brother and sister who relate Terri's wish to divorce Michael and her increasing discontent with the marriage. Not only has it been established that marital discord existed in the Schiavo household with alleged acts of domestic violence including verbal and mental abuse if not actual physical abuse of Terri by Michael Schiavo, but after her injury, there are well documented attempts by Michael to kill Terri while she was a patient at the nursing homes, trying to unlawfully decree that medical treatment be withheld in hopes that she would die of sepsis, a severe illness caused by overwhelming infection of the bloodstream by toxin-producing bacteria.

Domestic violence is a pattern of behaviors where one partner tries to maintain control of the other through the use of physical force, intimidation and threats.

The abuse can take many forms including:

*Physical: Kicking, punching, shoving, slapping, pushing, burning, biting, choking or kicking.

*Emotional: Excessive jealousy, crazy making, mind games, isolation from friends and family, making the victim feel worthless and threats.

*Verbal: Name calling and put-downs

*Spiritual: Attacking the victim's spiritual or religious beliefs or misquoting Scripture to justify abuse.

*Financial: Controlling the victim's economic status and basic needs, withholding money *Destructive Acts: Destruction of victim's property, vandalism and harming or killing pets

Schiavo has given conflicting reports of what time he allegedly found his wife, of how he reacted, of what time he summoned emergency medical services for her and the length of time involved in summoning help. Instead of calling 911 immediately, it appears that he instead called Terri's father, Robert Schindler Sr., and then only called 911 after her father told him to do so.

Michael Schiavo clearly had the intent to kill his wife after the million dollar jury award in the medical malpractice suit when he slapped a Do Not Resuscitate (DNR) order on her and ordered that she not be treated for a urinary tract infection, an order overridden by the nursing home staff because it is illegal to Florida to withhold treatment---the same as it is illegal in Florida to withhold food and water. After the nursing home refused to aid and abet in his intent to cause his wife's death, Schiavo moved Terri to another nursing home and then began his efforts to kill her by judicial homicide.

The overwhelming question in this entire matter is why?

After his wife became incapacitated, why did Michael Schiavo simply not divorce her and allow her parents to care for her instead of maintaining a dual life, claiming to be the loving husband of Terri while living with his long-time mistress and fathering two illegitimate children?

Now, two years after he was successful in killing Terri, Schiavo continues to whine that "Politicians in Washington and Tallahassee made a mockery of these traditional values when they forced the government into the middle of my family's tragedy". Just which family is he talking about---Jodi and his kids or that of Joan, Scott and the rest of Schaivos. Certainly Terri was not his family.

Terri Schiavo was sentenced to die by starvation and dehydration by George Greer, acceding to the demand by Michael Schiavo for the withdrawal of her gastric feeding tube which provides sustenance to her twice a day. She left no living will, but Michael claimed, albeit without substantiation, that she had told him she wouldn't want to be kept alive by artificial means. Of course, don't forget ditsy Joan Schiavo and bombastic Scott Schiavo who suddenly remembered more than 10 years after Terri's collapse and just weeks before the trial, after being prompted by Schiavo's attorney, George Felos, that Terri had said she wouldn't want to be kept alive by machines. Thing was though, Terri wasn't on machines.

There was a total breakdown in the judicial system involving this case starting with George Greer who in essence became a co-conspirator to this coverup of truth, an actor with Michael and his attorney, Felos in an obstruction of justice.

Greer and the court wasn't interested in HOW Terri Schiavo sustained the injuries in 1990 which caused her to lose oxygen to the brain for five to eight minutes. He wasn't interested in the allegations of domestic violence and the bone scans which provided evidence of possible abuse. It was "interesting", Greer said, he didn't seem to care that it seriously impeached the credibility of Michael Schiavo.

George Felos and the court, aided by others who had vested interests to cover up the truth, kept the focus away from how the injuries occurred, instead directing the public attention to emotionalism---on the right to die debate, on the euthanasia issue. The problem is, there was no clear and convincing evidence of anything except that Michael Schiavo wanted Terri dead. It appeared to be more of a control issue with Michael, an immature temper tantrum of keeping her from her parents.

The stated cause of Terri's injuries is said to be an alleged cardiac arrest resulting from a potassium imbalance due to an eating disorder. However, medical and forensic experts have dispelled that with medical evidence and publicly stated that a crime of strangulation, attempted murder, occurred.

And there are allegations that other murder attempts may have occurred since then. Clearly Michael Schiavo's attempts to cause Terri's death by sepsis was malice aforethought, an intent to murder.

The mainstream media was and is as responsible for distorting the truth in this matter and helping to perpetrate the obstruction of justice as was and is the court and some members of the legal community.

There is no statute of limitations on murder. One of the most compelling reasons to impanel a grand jury into the matter is the opinion issued by Dr. Michael Baden, renowned forensic pathologist, author of three books on forensic pathology. Dr. Baden is the former chief medical examiner for the city of New York and co-director of the Medicolegal Investigation Unit of the New York State Police.

In an October, 2003 interview with Fox News, Dr. Baden stated that after reviewing a 1991 bone scan report which had become available to the Schindlers only a year previous, that the bone scan showed evidence that there are "other injuries, other bone fractures that are in the healing stage" (in 1991). Baden noted that she had the bone scan done in 1991 at a rehabilitation facility that describes her as having a head injury, "That's why she's there, that's why she's getting a bone scan", Baden says, because she has a head injury.

He said he wasn't suggesting that a potassium imbalance had caused a fall that led to a head injury or some pre-existing head injury which could have led to her passing out".

Baden said that the injuries sustained by Terri Schiavo could have happened from "some kind of trauma. The trauma could be from an auto accident, the trauma could be from a fall or the trauma could be from some kind of beating that she obtained from somebody somewhere. It's something that should have been investigated in 1991".

It has apparently never been ascertained as to whether it was reported to police in 1991. However, it is known that after the Schindlers became aware of the bone scan report in November, 2002, they tried to file a report with the police of a possible battery on Terri but that the police refused to get involved. Isn't that their job, to serve and protect---to investigate alleged crimes, especially domestic abuse and violence?

Prior to 2002, Terri's medical records had been kept sealed under court order at the request of Michael Shiavo. The bone scan surfaced when the Schindler's former attorney, Patricia Anderson, obtained some of the medical records through discovery.

The family believes that Michael Schiavo and Terri had a violent argument earlier in the evening she collapsed and the medical evidence seems to support, that Terri Schiavo may have been a strangulation victim that evening.

Although the mainstream media has continually reported, with the assistance of the court, that the injury was the result of a potassium imbalance. Dr. Baden says it is extremely rare for a 20-year-old to have a cardiac arrest from low potassium, especially an individual like Terri who had no other diseases.

The bone scan report completed in March, 1991 by Dr. Campbell Walker was done to "evaluate for trauma "that may have been caused by a suspected 'closed head injury'. Walker wrote that "this patient has a history of trauma. The presumption is that the other multiple areas of trauma also relates to previous trauma". He listed apparent injuries to Terri to the ribs, thoracic vertebrae, both sacroiliac joints, both ankles and both knees.

EVIDENCE OF TRAUMA

The hospital admittance records from 1990 show evidence of trauma to Terri Schiavo's neck. Her friends have testified during court proceedings that she was unhappy in her marriage to Schiavo and was allegedly contemplating a divorce from Michael Schiavo who was allegedly possessive and jealous.

Further cause for a grand jury investigation existed when nurses and caregivers of Terri Schiavo came forward, especially a sworn affidavit given by Carla Sauer Iyer, a registered nurse who cared for Terri from about April, 1995 until August, 1996.

Nurses have reported hearing Michael Schiavo make such comments as "When is that bitch going to die?"

Iyer noted at least five times when the husband had visited Terri, he closed the door to her room and would then emerge sometime later and leave. According to Iver, she had tested Terri's blood sugar on those occasions and the level was so low it wasn't even registering. She would then administer dextrose to get Terri….out of danger.

She says that she recalls him making statements such as "Can't anything be done to accelerate her death, won't she ever die?" "Michael would be visibly excited, thrilled even, hoping that she would die", Iyer recalled. "He would blurt out, 'I'm going to be rich' and would talk about all the things he would buy when Terri which included a new car, a new boat and going to Europe.

Pinellas County medical examiner Jon Thogmartin had told Florida Gov. Jeb Bush that it appeared there had been a difference of "close to an hour between when she fell that morning early in the morning and when the 911 call took place and the fire rescue emergency personnel came".

But although Bush asked for a criminal investigation into the matter, as he had on numerous previous occasions, Pinellas County state attorney Bernie McCabe refused.

"According to Michael Schiavo, Terri collapsed at 4:30 a.m. Mr. Schiavo said this on Larry King Live and he also reconfirmed it to the ME during his investigation", Suzanne Vitadamo (left), Terri's sister said in a statement released by the Schindler family. "911 was called at 5:40 a.m. Emergency services arrived at 5:52 a.m. Both Bobby Schindler(right) and the original police report gave similar descriptions as to Terri's state laying face first, on the floor, hands crossed and up high against her chest, making gurgling noises. Our family doesn't understand what led to Terri's collapse. Our family doesn't understand why this major discrepancy in time is not fully understood. When a person is without blood and oxygen to their brain, 70 minutes is a terribly long time when each second counts".

Charts prepared from testimony and statements made publicly by Michael Schiavo indicate a window of nearly 2 ½ hours. In his sworn deposition for the medical malpractice trial, Schiavo said he arrived home between 12:30 and 1 a.m. but changed it in his testimony at the malpractice trial to arriving home between 11:30 p.m. and midnight. On the Larry King show on Oct. 27, 2003, Schiavo said he didn't get home until 2 a.m.

The police report indicated that the incident occurred at 5:40 a.m. on Feb. 25, 1990, and indicates that officers from the St. Petersburg Police Department were dispatched to the scene at 6:11 a.m. and arrived at 6:33 a.m., more than an hour after the alleged incident. However, Michael Schiavo has stated on several occasions, even confirming it to the medical examiner after Terri died in March, 2005 that she collapsed at 4:30 a.m., over 90 minutes previous to the arrival of EMS services. There is no indication on the police report who reported the incident although the author of the police report, Officer Philip Brewer, indicates that he spoke to paramedic/firefighter Jan Radjeski on arrival and seems to infer that Radjeski is the one who had called the police.

Even if one accepts the later statement by Schiavo that the incident occurred at 5 a.m., there is still at least a 40 minute delay in him calling 911.

However, the police report is suspect in that it carries a notation that "the date of the investigation was February 25, 1990. The report was typed and unloaded into the Police Information computer system by me (Officer Brewer) at the end of that shift. The report was transferred to microfilm sometime ago and is no longer stored in P.I. Similarly, no entry exists in the P.I. system that this report was ever generated or uploaded. The quality of the microfilm onto which the report was transferred has degenerated; the report can be read on the microfilm screen but is largely unreadable in printed form. Due to the circumstances of this case, I have reproduced the report in its entirety so the record can be preserved. This new record is absolutely accurate as to the content of the narrative, which could easily be read on the microfilm screen….Only small technical aspects of the captions are different because the report writing format has changed since 1990. The date and times listed in the first and last captions reflect dates and times recorded during the original investigation, not the date and times this report was reproduced which was Wednesday, Oct. 22, 2003.

The hospital admittance records from 1990 show evidence of trauma to Terri Schiavo's neck. Her friends have testified during court proceedings that she was unhappy in her marriage to Schiavo and was allegedly contemplating a divorce from Michael Schiavo who was allegedly possessive and jealous.

NO HEART ATTACK

Dr. William Hammesfahr, a world renowned neurologist wrote a complete report concerning the Schiavo case in September, 2002, revealing that medical tests conducted after her collapse did not show evidence of a heart attack. In the emergency room, a possible diagnosis of heart attack was briefly entertained but then dismissed after blood chemistries and serial EKG's did not show evidence of a heart attack. ( Complete Report of Dr. William Hammesfahr) Dr. Hammesfahr testified that she had sustained injuries consistent with abuse.

Although the police report taken Feb. 25, 1990, by the St. Petersburg Police Department indicates that the incident should be routed to the homicide division, it was not and no criminal investigation of the matter has ever been conducted.

According to the police report, the two officers from the St. Petersburg Police Department reponding to the call were Philip Brewer and Rodney Tower. Perhaps one of the reasons there was virtually no investigation of the entire matter (officers arrived at 6:33 a.m. and completed their "investigation" at 8:55 a.m.) was that Tower was only a probationary officer.

The police report indicates that the supervisor on duty that morning was George Chapman, an investigator with the St. Petersburg department.

Chapman contributed $250 to the reelection campaign of Bernie McCabe in 2000 in July, 2000 after Judge George Greer had already ruled to remove the nutrition and hydration of Terri Schiavo.

Thogmartin's autopsy report, says "according to available records", the 911 call was made at approximately 5:40 a.m. "Both Mr. Schiavo and Bobby Schindler were present prior to the arrival of emergency responders" Thogmartin says.

Although Michael Schiavo has stated that he called Bobby Schindler, that statement is untrue. Schiavo called Terri's father who in turn called Bobby who arrived in the scene very quickly and before Sunstar EMS as he lived in the same apartment complex.

Thogmartin says that both Schiavo and Bobby describe Terri as "lying prone and breathing or at least they describe her as "making gurgling noises". Thogmartin says that according to medical records (provided by Schiavo's malpractice attorney Gary Fox) paramedics began treating Ms. Schiavo at 0552 hours. He says, "The Pinellas County EMS report records her as supine in the hallway with no respiration and her initial cardiac rhythm was ventricular fibrillation". He says reports show she was intubated within 5 minutes. "Although a pulse was documented at 0632 hours, a measurable systolic blood pressure was not recorded until 0646 hours, almost one hour after resuscitation was begun" -----and more than 2 ¼ hours after Michael Schiavo told Thogmartin that he had heard a "thud" in the hallway about 4:30 a.m.

Thus far, the only copy of the EMS report appears to be the one in the hands of Michael Schiavo and his attorney. According to court dockets, Radjeski and EMT Jan Eisenbrandt were deposed for the medical malpractice case and apparently only Fox has those records. Regulations of the Florida Bar Association do not require attorneys to keep such records but nevertheless, Gary Fox apparently retained some of the files in the medical malpractice action brought by his client, Michael Schiavo for over 12 years.

Sunstar, the sole ambulance provider for Pinellas County, and the trade name for Pinellas County's all-paramedic ambulance and emergency response service, responded to the Schiavo home the morning of Feb. 25, 1990. The EMS System is operated as a public utility model under a performance contract between the ambulance contractor and the Pinellas County EMS Authority. But the run sheets for that ambulance call appear to be missing, said to have been destroyed about 1997. The two EMTs responding to the call, J. Campbell and Jan Eisenbrandt have not only reportedly left the medical field, but also the state of Florida within a year after the incident. It appears that Michael Schiavo is the only one who has a copy of that EMS report which Thogmartin referred to in his autopsy report.

Attorney Patricia Fields Anderson who represented the Schindlers in the guardianship case from 2001 until September, 2004, said she had contacted Sunstar "early on" but they had already reportedly destroyed their 1990 records from the case.

Thogmartin acknowledged that he had received many of the reports on which he based the autopsy report from Fox, one of the attorneys representing Schiavo in his 1992 malpractice action against Dr. Stephen Igel and Dr. Joel Prawer, doctors who had been treating Terri before her mysterious collapse. Although Schiavo and his attorneys claimed that Terri was suffering from bulimia, Thogmartin said that she was not and also ruled out that she had suffered a heart attack. Prawer was eventually vindicated by Florida Department of Health who ruled that he was not guilty of any negligence. His insurance company had settled out of court with Michael Schiavo for $250,000 because they did not want to go to trial even though Prawer strongly maintained he had done nothing wrong which was later supported by the Department of Health.

Thogmartin also emphasized that many records and reports in the Terri Schiavo case have been destroyed or are missing.

The paramedic/firefighter present Feb. 25, 1990, Radjeski, then employed by the St. Petersburg Fire Department, remains in St. Petersburg but refuses to discuss the case. Both Radjeski and Eisenbrandt were deposed for the medical malpractice case, according to court dockets, as were the two police officers who responded.

Licensure records indicate that none of the three-Radjeski, Campbell or Eisenbrandt, are currently licensed as EMTs in the state of Florida. Radjeski's EMT license expired on Dec. 1, 2004 and is listed as null and void, a status which occurs when the petitioner fails to renew their license status for two renewal cycles resulting in their license expiring. Licenses are renewed every two years.

Although Michael Schiavo had been trained in CPR as part of his employment as a manager for McDonald's, he admittedly did not administer CPR to Terri Schiavo on Feb. 25, 1990.

In reviewing the circumstances of the case, renowned psychologist Dr. Carole Lieberman opines that Terri was frightened to object to Michael's pathologically controlling behavior. For example, he would monitor her odometer to control where she went. He tried to isolate her from her friends and family. She had to account for every penny, though they often lived on her income, since he would be fired, sometimes only after two weeks. He would splurge on $400 suits for himself, while she had to economize. He called her at work 3-4 times a day, often complaining of hating his job because no one appreciated him. He was often observed scolding her.

Terri's family observed black and blue marks on her before the incident that plunged her into her current state. Medical records and/or experts have revealed that her neck injury was consistent with strangulation. A bone scan revealed multiple fractures occurring within 1-2 months before or after the incident, which has been described as equivalent to her being "hit by a mach truck". Michael has given three different explanations of how he found Terri after the incident.

Michael has had Terri's jewelry reset into a ring for himself. Terri had two beloved cats that she adopted from an animal shelter, where they'd landed after being mistreated. When he moved in with his girlfriend, Cindy, he had Terri's cats euthanized. Psychologically, Lieberman said, this is symbolic of what did to Terri.

Michael has been under psychiatric care, including being prescribed several psychotropic medications. One of his treating therapists, Dr. Peter Kaplan, told Terri's father that he should have called the police after Michael argued with Terri's sister, Susanne, and Michael tried to attack her. This incident reportedly occurred right after Terri's collapse, when they were all in a house together. Terri's father told Susanne to lock her door and keep a hammer nearby.

Terri's brother, Bobby Schindler, says that he himself was once the subject of a violent rage by Michael Schiavo. He says that in 1984, when the family was still living in Philadelphia, he and Michael got into an argument. "I remember distinctly that Michael got so upset that he suddenly snapped, and grabbed me by the throat and threw me down on the couch, had one hand around my neck and the other was in the air ready to punch me in the face".

Former girlfriends of Michael Schiavo including Cyndi Shook Brasher have alleged that Michael was abusive and violent and that they feared him. It has been alleged that he engaged in stalking of them and was possessive and controlling.

The night before Terri Schiavo was found in her apartment her best friend says Terri had had a fight with her husband and that she had talked about divorce. Testimony has been given that Michael Schaivo was upset because Terri had spent $80 on her hair that day.

Thogmartin listed the cause of death as "complications of Anoxic encephalopathy"---failure of oxygen to be delivered to the brain resulting in brain dysfunction. Thogmartin said that the anoxic brain injury sustained by Terri Schiavo on Feb. 25, 1990, was caused by lack of blood flow and oxygen to her brain but that the cause of that condition could not be detected and was undetermined. He did not rule out that the injuries could have been caused by smothering.

Strangulation is defined as a form of asphyxia, lack of oxygen, characterized by closure of the blood vessels and/or air passages as a result of external pressure on the neck.

Thogmartin did not rule out the possibility of smothering or a choke hold which may have caused the loss of oxygen to Terri's brain and experts have stated that a victim of a choke hold or smothering would not demonstrate visible injury or evidence to corroborate the "choking" incident. The lack of evidence caused the criminal justice system to treat many "choking" cases as minor incidents similar to slaps in the face where only redness may appear. Unconsciousness within seconds. Death within minutes. It's not just a slap in the face, experts say.

According to a manual regarding the investigation and prosecution of strangulation cases written by Gael B. Strack, San Diego assistant city attorney; and Dr. George McClane, emergency physician. The manual was edited by David C. James, deputy city attorney for San Diego and was updated in May, 1999, overall, many police reports neglect to clearly document how the victim was strangled, for how long, what threats were being made or what symptoms the victims were experiencing.

In the case of Terri Schiavo, police could not interview her and obtain her version of what occurred the night of Feb. 25, 1990, and in the hours leading up to her sudden collapse. And Michael Schiavo told them that there had been no problems, no arguments in direct contradiction to what Terri's best friends and her family told police and to which they later testified.

In "Forensic Pathology", Dominick J. DiMai and Vincent J.M. DiMaio state that "rarely, one will encounter a death alleged to have occurred due to application of either a choke (bar arm control) or a carotid sleeper hold. These terms are often used interchangeably, but, in fact, refer to two different types of hold whose purpose is to produce transient cerebral ischemia and unconsciousness. Neither involves use of a mechanical implement. Rather, the arm and forearm are used to compress the neck, producing the cerebral ischemia and unconsciousness.

"With choke (bar arm control) holds, compression of the neck by the forearm is used to occlude the upper airway. Incapacitation is due to collapse of the airway and the carotid arteries with a resultant decrease in oxygen to the brain. The forearm is placed straight across the front of the neck. The free hand grips the wrist, pulls it back, collapsing the airway".

"Choke holds can also cause death by another mechanism", the DeMaios stated. "In a choke hold, incapacitation is produced by lack of oxygen to the brain. This hypoxia is generalized, however, due to compression of the airway. Hypoxia sensitizes the heart to arrhythmia. The carotid sinus is a structure located in the internal carotid artery, just above the bifurcation of the common carotid artery. Stimulation of this structure by pressure to the neck can cause bradykardia and/or a fall in arterial blood pressure. Thus, we have two factors working on the heart predisposing to arrhythmias: the hypoxia from occlusion of the airway and the bradykardia from stimulation of the carotid sinus. There is, in addition, a third factor: release of catecholamines. Choke holds are used to restrain an individual who is struggling. On placement of the hold, the individual usually continues to struggle. This results in release of catecholamines, specifically, norepinephirene and epinephrine. These have an arrythmogenic action on the heart. Thus, the combined actions of hypoxia and catecholamines, which are both arrhytmogenic, plus the bradykardia produced by the carotid sinus stimulation, may result in a fatal cardiac arrhythmia.

"In the carotid sleeper hold, symmetrical force is applied by the forearm and upper arm to the sides of the neck such that there is compression of only the carotid arteries and jugular veins and not the trachea. The arm is placed about the neck with the antecubital fossa or crook of the arm centered at the midline of the neck. The free hand grips the wrist of the other arm and pulls it backward, creating a pincher effect. This produces transient cerebral ischemia. The carotid sleeper hold impedes blood flow of the carotid arteries by pressure exerted on both sides of the neck by pincher effect of the arm and forearm. If properly applied, the compression of the carotid arteries will cause loss of consciousness in approximately 10-15 s. On relaxation of the hold, cerebral blood flow will be restored and consciousness will return in approximately 10-20 s, without any serious side effects. Maintenance of the pressure is essentially manual strangulation, and if continued long enough will, of course, cause death.

"In theory, the carotid sleeper hold will cause rapid unconsciousness without injury to the individual. Unfortunately, in violently struggling individuals, a carotid sleeper hold can easily and unintentionally be converted into a choke hold as the individual twists and turns to break the hold.

"A properly applied carotid sleeper can also cause death. One would not expect any trauma to the structures of the neck, however. The compression of the carotid arteries, with resultant decreased cerebral blood flow, can theoretically precipitate a stroke in an individual with atherosclerotic disease of the carotid and/or cerebral vasculature. The pressure may cause dislodgement of atherosclerotic material with a stroke due to an embolus. Blood flow to the brain is from both the carotid and the vertebral arteries. If the vertebral arteries have impaired blood flow due to atherosclerosis then occlusion of the carotid arteries may compromise an already compromised circulation with resultant thrombosis and/or stroke.

"Compression of the neck by a carotid sleeper hold may also cause stimulation of the carotid sinus with bradycardia. Application of the hold to an individual who is agitated and struggling may increase the struggling, with increased release of catecholamines. The catecholamines working with the carotid sinus stimulation may produce a cardiac arrest. In addition, if the individual has intrinsic heart disease, he may be even more sensitive to bradycardia and the arrhythmogenic activity of the catecholamines".

Asphyxia is a condition of severely deficient supply of oxygen to the body. In the absence of remedial action it will very rapidly lead to unconsciousness and death Asphyxia is the same as suffocation. Anoxia means the pathological state in which tissues do not get (enough of) oxygen.

Prolonged asphyxia can result in brain damage even when it does not cause death.

Crimes such as murder are so horrific to society, there are no time restrictions as to when a prosecution for the crime can begin. While there are still unknowns in the Schiavo case, exacerbated because law enforcement and prosecutors have refused to do their job, there are two well-known facts---Terri mysteriously collapsed in 1990, there was an unexplained inordinate delay between the time of her collapse and Michael Schiavo's call for help and her collapse on 17 years ago ultimately caused her death, not by natural causes, but by homicide. 3-27-07

© 2007 North Country Gazette