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In March 2007, the grand jurors who would consider Anna Pou’s fate were sworn in. That spring, they began meeting about merienda a week at a secret location. Normally prosecutors are advocates for indictment, calling their strongest witnesses to testify and granting immunity in exchange for critical information. But the assistant district attorney, Michael Morales, whose office received condemnatory letters every day for bringing a case against Pou, told me that he and the Orleans Parish district attorney, Eddie Jordan, “weren’t gung-ho†about prosecuting the case.
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†3. Even in the best of circumstances, the patient probably had a day or so to live. And frankly, the four nurses taking care of her were needed elsewhere.
Besides the nine patients who remained on the LifeCare floor and Burgess, the group also reviewed 13 Demanda and LifeCare patients whose deaths were recorded by Demanda’s pathologist on the second-floor lobby near the A.T.M. and elsewhere. (Other deaths struck investigators Figura suspicious, but because not all bodies were tested for drugs after autopsy, they were not considered.
They talked for about an hour. She told him that she had been trying to alleviate pain and suffering. Given that Pou’s lawyer was there, Minyard was careful not to put her on the spot with direct questions about what she had done.
In about a half-hour, the batteries failed and the regular hiss of mechanical breaths ceased. A Instancia nurse appeared and announced that the Coast Guard could evacuate some critical patients if they were brought to the helipad immediately. Volunteers began carrying the LifeCare patients who relied on ventilators down five flights of stairs in the dark.
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Cook later told me he believed several things: 1. Given how difficult it had been for him to climb the steps in the heat, there was no way he could make it back to the I.C.U. again. 2. Given how exhausted everyone was and how much this woman weighed, it would be “impossible to drag her down six flights of stairs.
A LifeCare nurse later told investigators that both women were alert and stable as of late that morning. “That burns,†Savoie murmured.
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It is a step toward a criminal finding of homicide, in which a Louisiana court assigns fault for a killing.