9:34 A.M. — WASHINGTON ? President Barack Obama says the political cost of overhauling the health care system turned out to be higher than he had expected. And he admits that he gets discouraged at times when dealing with the economy.

In an interview airing Sunday night on CBS’ “60 Minutes,” Obama said the health care system itself is huge and complicated and that changing it eluded previous presidents because it was so difficult.

“I made the decision to go ahead and do it, and it proved as costly politically as we expected ? probably actually a little more costly than we expected, politically,” he said.

Obama said he thought that he would find common ground with Republicans by advancing health care proposals that had been introduced by Republican administrations as well as potential presidential candidate Mitt Romney when he was governor of Massachusetts.

“I couldn’t get the kind of cooperation from Republicans that I had hoped for,” he said. “And that was costly, partly because it created the kind of partisanship and bickering that really turn people off.”

Obama said the danger of a second major recession is “much reduced” and a great depression is not on the horizon. Still a danger, he said, is the nation being “stuck in a new normal where unemployment rates stay high.”

“I do get discouraged. I mean, there are times where I thought the economy would had gotten better by now,” he said. “One of the things I think you understand as president is you’re held responsible for everything. But you don’t always have control of everything, especially an economy this big.”

However, Obama sounded optimistic about the nation’s economic future.

“I am constantly reminded that we have been through worse times than these, and we’ve always come out on top,” he said. “And I’m positive that the same thing is going to happen this time.”

Obama said his two years as president haven’t changed his ideals.

“But I think that in terms of how I operated on a day-to-day basis, when you’ve got a series of choices to make ? I think that there are times where we said let’s just get it done instead of worrying about how we’re getting it done,” he said. “And I think that’s a problem. I’m paying a political price for that.”

The “60 Minutes” interview was taped at the White House on Thursday, before Obama left for a four-nation tour of Asia.

Obama surprised by political cost of health law

Dr. Richard Linden may look more familiar with rubber gloves on because he's a dentist by trade -- but a rocker by avocation for the Physicians' Talent Show Tuesday to benefit the Neighborhood Health Clinic.

Photo by supplied

Dr. Richard Linden may look more familiar with rubber gloves on because he’s a dentist by trade — but a rocker by avocation for the Physicians’ Talent Show Tuesday to benefit the Neighborhood Health Clinic.

What: Physician’s Talent Show, benefiting the Neighborhood Health Clinic and music scholarships for Steinway Piano Gallery

When: Cocktail and hors d’oeuvres reception with silent auction at 6:30; talent show begins at 7:30

Where: Sugden Community Theatre in Naples

Admission: $75

Information: (239) 498-9884


You may know your doctor’s bedside manner.

But can you also claim to know his song-and-dance routine?

At 7:30 p.m. on Tuesday, you’ll have a chance to do that very thing. That’s when the sixth annual Physician’s Talent Show returns to Naples, a one-night-only performance that will give 19 local docs a chance to strut their non-medical stuff on the stage of the Sugden Community Theatre in Naples.

There will be music. There will be magic.

And it all benefits a very good cause: Proceeds from sales of the $75 tickets supports Naples’ not-for-profit Neighborhood Health Clinic, which provides medical services for low-income working Collier County adults, as well as scholarships for students at the Steinway Piano Gallery.

Dr. Millard Brooks, an anesthesiologist with Collier Anesthesia, will present his perennially popular “Billy Ray, the Trailer Trash Magician” character, just as he has done for the past six shows. Billy Ray is not dumb, Brooks explains, not exactly. He’s just a little bit different — and a lot sarcastic.

“I’ve gotten such a great response with him,” Brooks says. “It’s basically comedy magic.”

The character hails from the “piney woods of Southeast Texas,” Brooks says, “where teeth are optional.”

It’s a locale that’s not far from where the good doctor was himself raised, and asked how Billy Ray decided to pursue magic as a profession, Brooks deadpans that it was prompted by a revelation from Billy Ray’s sister: She told him she was getting $50 a trick.

“I will take it to the edge,” Brooks says of his comedy.

What’s not unnecessary is explaining how much fun the show is each year for the doctors. For the physicians, it’s a chance to indulge their creative sides, which may not happen during the course of a regular workday. All have something they enjoy doing that’s outside their normal work, Brooks explains — whether it’s pulling rabbits out of hats or playing golf.

Brooks does not play golf.

“It gives me a chance to be on the stage and do what I really enjoy doing,” Brooks says.

“And they keep wanting me to come back, so I do and I wished I had more opportunities to do it.”

He is the only magician in the show. The majority of the performers are musicians, such as Dr. Martin Cohn, a sleep specialist with the Sleep Disorder Center of Southwest Florida, and Dr. Corey Howard, an internist who focuses primarily on health and fitness.

Cohn has a longtime affection for the clarinet; he grew up in Chicago during the Big Band Era, and as early as age 10, he begged his parents to let him learn.

“The ‘licorice stick’ just struck me as a neat instrument,” Cohn recalled.

Howard plays the tenor sax, and when not practicing medicine, he plays in the rather dubiously named band “Throat Culture.”

Like Cohn, he has a lasting love of music; he actually began his education as a music major in college, and played in New York City in a band with vocalist and former Miss America Vanessa Williams. Medicine eventually won out over music, but he never forgot his first love, and now he likes to play the saxophone for fun and for his family.

The annual talent show benefits the clinic and scholarships, but “it’s also an opportunity to show my kids” what he can do., he says. The plan may be working: He is delighted to report that his son recently abandoned the trumpet in favor of the tenor sax.

Cohn, for his part, will perform in a traditional Jewish music quartet called the Naples Klezmer Revival Band. Joining him will be his fellow band mates Stu Warshauer on violin, Arnold Saslavsky on drums and Jane Galler on guitar. Galler also is the band’s vocalist. The band will play three songs, including Der Heyser Bulgar, which means “The Hot Bulgar Dance.”

The music is danceable, Cohn explained, adding, “We’re going to get the crowd on its feet.”

Cohn isn’t sure why so many doctors seem to have secret inner artists. Perhaps it’s something in the way their brains are wired, he suggests. But he does know it’s rewarding to find an outlet for his passion. It’s also nice to have the applause, he concedes, and he knows most audience members appreciate his efforts.

“People seem to appreciate it, and that’s a good feeling. I don’t get that in medicine. No, I’m just joking,” he says with a laugh.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Local docs rock for charity

6:35 P.M. — SAN JOSE MINE, Chile ? Fresh air and freedom were just hours away today for the first of 33 miners trapped a half-mile underground for 69 days, men whose endurance and unity captivated the world as the Chilean government meticulously prepared their rescue. No one in the history of mining has been trapped so long and survived.

The first miner was expected to be lifted to the surface late today in a custom-made capsule. President Sebastian Pinera was at the mine, waiting to greet him.

“We made a promise to never surrender, and we kept it,” Pinera said at about 5:45 p.m. local time (4:45 p.m. EDT), shortly before two rescue workers were expected to go down to prepare the miners for their trip. The president said the first miner will be brought up about two hours later.

Chile has taken extensive precautions to ensure the miners’ health and privacy, sending down Navy special forces paramedics to prepare them for the trip and using a screen to block the top of the shaft from more than 1,000 journalists at the scene.

The miners will be ushered through an inflatable tunnel, like those used in sports stadiums, to an ambulance for a trip of several hundred yards (meters) to a triage station for an immediate medical check. They will gather with a few family members, in an area also closed to the media, before being transported by helicopter to a hospital.

Each ride up is expected to take about 20 minutes, and authorities expect they will be able to haul up roughly one miner an hour. The rescue of the last miner will end a national crisis that began when a cave-in sealed off the gold and copper mine Aug. 5.

The only media allowed to record them coming out of the shaft will be a government photographer and Chile’s state television channel. Their images will be delayed about 30 seconds or more to prevent the release of anything unexpected.

The worst technical problem that could happen, rescue coordinator Andre Sougarett told The Associated Press, is that “a rock could fall,” potentially jamming the capsule partway up the shaft. But test rides suggest the ride up will be smooth.

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Panic attacks are the rescuers’ biggest concern. The miners will not be sedated ? they need to be alert in case something goes wrong. If a miner must get out more quickly, rescuers will accelerate the capsule to a maximum 3 meters per second, Health Minister Jaime Manalich said.

Mining Minister Laurence Golborne, whose management of the crisis has made him a media star in Chile, said authorities had already thought of everything.

“There is no need to try to start guessing what could go wrong. We have done that job,” Golborne said. “We have hundreds of different contingencies.”

As for the miners, they were kept busy today making final preparations “to keep their spirits up,” Manalich said. He added that they were doing well: “It remains a paradox ? they’re actually much more relaxed than we are.”

Rescuers finished reinforcing the top of the 2,041-foot (622-meter) escape shaft early Monday, and the 13-foot (four-meter) tall capsule descended flawlessly in test runs.
The white, blue and red capsule ? the biggest of three built by Chilean navy engineers ? was named Phoenix I for the mythical bird that rises from ashes.

The miners will be closely monitored from the moment they’re strapped into the claustrophobic steel tube to be hauled up the smooth-walled tunnel. For the last six hours before surfacing, they’ll drink a special high-calorie liquid diet prepared and donated by NASA, designed to keep them from vomiting as the rescue capsule rotates 10 to 12 times through curves in the 28-inch-diameter escape hole.

Engineers inserted steel piping at the top of the shaft. They stopped sooner than planned after the sleeve became jammed during a probe of the curved top of the hole, which is angled 11 degrees off vertical at its top before plunging like a waterfall.
Drillers had to curve the shaft so that it would pass through “virgin” rock, narrowly avoiding collapsed areas and underground open spaces in the overexploited mine, which had operated since 1885.

As each miner is hauled up, a small video camera in the escape capsule will be trained on his face so rescuers can watch for panic attacks. The miners will wear oxygen masks and have two-way voice communication.

(3 of 8)

Their pulse, skin temperature and respiration rate will be constantly measured through a biomonitor around their abdomens. To prevent blood clotting from the quick ascent, they took aspirin and will wear compression socks.

The miners will also wear sweaters because they’ll experience a shift in climate from about 90 degrees Fahrenheit underground to temperatures hovering near freezing if they emerge at night. Those coming out during daylight hours will wear sunglasses.

Seconds before each miner surfaces, an ambulance-like siren will sound and a light will flash for a full minute. Officials are calling this the Genesis alarm, meant simply to alert doctors that a miner is arriving.

Many steps have been taken to protect the emerging miners from the media.
Photographers and camera operators will be able to see light but little more from a platform set up more than 300 feet (90 meters) away.

After initial medical checks and visits with family members selected by the miners, the men will be airlifted to the regional hospital in Copiapo, roughly a 10-minute ride away. Two floors have been prepared where the miners will receive physical and psychological exams and be kept under observation in a ward as dark as a movie theater.

Chilean air force Lt. Col. Aldo Carbone, the choppers’ squadron commander, said the pilots have night-vision goggles but will not fly unless it is clear of the Pacific Ocean fog that rolls in at night, a notoriously thick, humid blanket Chileans call “the camanchaca.” Night traffic on the mine road was banned as a precaution to keep headlights from interfering with the night-vision goggles, and to keep the road clear for ambulances should they be necessary.

Families were urged to wait and prepare to greet the miners at home after a 48-hour hospital stay.

“In Chile, we have huge families,” Manalich said, joking that if they weren’t stopped, entire football teams of people would crowd into the hospital’s wards. He also said that no cameras or interviews will be allowed until the miners are released, unless the miners expressly desire it.

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Officials have drawn up a secret list of which miners should come out first, but the order could change after paramedics and a mining expert first descend in the capsule to evaluate the men. First out will be the four miners best able to handle any difficulties and tell their comrades what to expect. Then, the 10 who are weakest or suffer from hypertension, diabetes, dental and respiratory infections and skin lesions from the mine’s oppressive humidity.

The first miner to be rescued will be Florencio Avalos, according to his mother, Maria Silva, and uncle Alberto Avalos, who said Pinera told them that.

The last miner out, according the list, will be shift foreman Luiz Urzua, whose leadership was credited for the miners’ survival during the 17 days when they were utterly closed off from the outside world. The men stretched an emergency food supply meant to last just 48 hours by taking tiny sips of milk and bites of tuna fish every other day.

Several of Urzua’s relatives told the AP that he was last on the list, speaking on condition of anonymity to avoid upsetting government officials.

“He’s a very good guy ? he keeps everybody’s spirits up and is so responsible ? he’s going to see this through to the end,” said his neighbor Angelica Vicencio, who has led a nightly vigil outside the Urzua home in Copiapo.

The government has promised that its care of the miners won’t end for six months at least ? not until they can be sure that each miner has readjusted.

“We learned something in medicine, that our job is to provide benefit and not harm,” Manalich said. “We have to protect them until the last minute, until they can return to normal lives with their families.”

Psychiatrists and other experts in surviving extreme situations predict their lives will be anything but normal, and that both the miners and their families have been forever changed by this experience.

Since Aug. 22, when a narrow bore hole broke through to their refuge and the miners stunned the world with a note, scrawled in red pen, that announced their survival, these families’ lives have been exposed in ways they never imagined. Miners had to describe their physical and mental health in minute detail with teams of doctors and psychologists. And in some cases, when both wives and lovers claimed the same man, everyone involved had to face the consequences.

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By the time of the rescue, nerves were beyond frayed outside the mine in “Camp Hope,” where miners’ families and reporters from all over the world slept side by side in tents and campers, enduring the baking days and frigid nights of the desolate Atacama desert.

Many relatives privately described their feuds and jealousies with an AP reporter who spent the past month at the camp.

“Here the tension is higher than down below. Down there they are calm,” said Veronica Ticona, sister of 29-year-old Ariel Ticona, a trapped rubble-removal machine operator.

Alberto Iturra, chief of the psychology team, told the families to go home, get some rest, and prepare to reunite in several days.

“I explained to the families that the only way one can receive someone is to first be home to open the door,” Iturra said.

1:26 p.m. update

SAN JOSE MINE, Chile ? The first of 33 trapped miners is expected to be lifted to the surface late Tuesday after miraculously surviving more than two months about half a mile below ground, Chile’s Mining Minister Laurence Golborne announced.

The minister told a news conference that officials “hope to have at least one of our miners on the surface” before the end of the day ? apparently the longest period anyone has ever been trapped underground.

President Sebastian Pinera was expected to arrive shortly before the first miner is pulled out in a carefully choreographed operation meant to minimize any risk.

Asked about the biggest technical problem that could hit the rescue operation, coordinator Andre Sougarett said: “A rock could fall.”

“There is no need to try to start guessing what could go wrong. We have done that job,” a confident Golborne said. “We have hundreds of different contingencies.”

Rescuers were keeping the miners busy on final preparations they were to climb into a custom-made capsule for what tests indicated should be a smooth ride to the outside world.

“The miners are very busy ? that’s also to keep their spirits up,” Health Minister Jaime Manalich said. “It remains a paradox ? they’re actually much more relaxed than we are.”

(6 of 8)

As the miners emerge, they will be sheltered from the glare of TV cameras. They will get an immediate medical check and gather with a few family members in an area closed to the news media. Officials say a siren will sound as each miner emerges.

Then, they will ride in helicopters ? two at a time if they are in beds, or four at a time if they can sit up ? to the regional hospital in Copiapo for a battery of physical and psychological exams.

“Our job is to provide benefit and not harm,” Manalich said, urging the media ? more than 1,000 journalists are working on the story ? to respect their privacy. “We have to protect them until the last minute, until they can return to normal lives with their families.”

Nearby, the miners’ families have been holding vigil at a place called “Camp Hope.”

“Here the tension is higher than down below. Down there they are calm,” said Veronica Ticona, sister of 29-year-old Ariel Ticona, a trapped rubble-removal machine operator.

After 68 days of shared fears and jitters ? all of it under the close scrutiny of dozens of reporters that have now grown to a battalion ? the early fellowship has frayed. Some relationships, once at least cordial, are as hostile as the desolate sands of the surrounding Acatama desert.

Relatives privately shared stories of the divisiveness with an Associated Press reporter who spent the past month at the camp, frequently bedding down in a tent beside theirs, sharing coffee and gossip.

The feuds and jealousies within families centered on such matters as who got to take part in weekend videoconferences with the miners, who received letters and why ? or even who should speak to the media and how much they should be revealing about a family’s interior life.

Some relatives complained about distant kin seeking the international media limelight, giving interviews about trapped miners they barely know.

Then there are those who, despite only distant blood ties to miners, lined up for donated gifts including sexy lingerie, bottles of wine and electronic toys and Halloween costumes for children.

(7 of 8)

There were even fights over who constitutes a close relative ? or even a miner’s preferred conjugal companion.

So Alberto Iturra, the chief of the psychology team advising the trapped men, decided that after each miner rides an escape capsule to daylight, the rescued man will meet with between one and three people whom the miner has personally designated.
Then there is the question of money.

It has already strained relations between families as some seem to be getting more than others, including from some news media, who outnumber the miners’ relations several fold.

Cognizant of the emotional toll, Iturra recommended Monday that the relatives leave the mine, go home and get some rest.

“I explained to the families that the only way one can receive someone is to first be home to open the door,” Iturra said.

The dramatic endgame was hastening as the rescuers finished reinforcing the escape shaft early Monday and the 13-foot (four-meter)-tall rescue chamber descended flawlessly nearly all the way to the trapped men in a series of test runs.

On Monday, the Phoenix I capsule ? the biggest of three built by Chilean navy engineers, named for the mythic bird that rose from ashes ? made its first test runs after the top 180 feet (55 meters) of the shaft were lined with steel pipe, the rescue leader said.

Then the empty capsule was winched down 2,000 feet (610 meters), just 40 feet (12 meters) short of the shaft system that has been the miners’ refuge since an Aug. 5 collapse.

“We didn’t send it (all the way) down because we could risk that someone will jump in,” a grinning Golborne told reporters on Monday.

Engineers had planned to extend the piping nearly twice as far, but they decided to stop after the sleeve ? the hole is angled 11 degrees off vertical at its top before plunging down, like a waterfall ? became jammed during a probe.

Officials have drawn up a secret list of which miners should come out first, but the order could change after paramedics and a mining expert first descend in the capsule to evaluate the men and oversee the journey upward.

(8 of 8)

First out will be the four miners fittest of frame and mind, health minister Jaime Manalich said. Should glitches occur, these men will be best prepared to ride them out and tell their comrades what to expect.

Next will be 10 who are weakest or ill. One miner suffers from hypertension. Another is a diabetic, and others have dental and respiratory infections or skin lesions from the mine’s oppressive humidity.

The last out is expected to be Luiz Urzua, who was shift chief when the men became entombed, several family members of miners told the AP, speaking on condition of anonymity because they did not want to upset government officials.

The men will take a 20-minute ride to the surface in the capsule, which will rotate as it passes through gentle bends in the bore hole. It should take about an hour for the rescue capsule to make a round trip, Aguilar told the AP.

Plans called for the media to be blocked by a screen from viewing the miners when they reach the surface. A media platform has been set up more than 300 feet (90 meters) away from the mouth of the hole.

After being extracted, the miners will be ushered through inflatable tunnels, like the ones used in sports stadiums, to ambulances that will take them to a triage station.

Once cleared by doctors there, they are to be taken to another area where they’ll be reunited with the chosen family members. Next stop: a heliport and the flight to Copiapo.

At the hospital, all the miners will be kept for 48 hours of observation that will begin when the last one exits the escape shaft.

Chile choreographs dramatic finish to miner rescue saga

To report a crime or suspicious activity in your neighborhood, call the Naples Police and Fire Department at 213-4844, the Collier County Sheriff’s Office at 774-4434, the Lee County Sheriff’s Office 239-477-1000 or the Marco Island Police Department at 389-5050.

East Naples man faces aggravated assault charges

An East Naples man going by the nickname “Flea” faces assault charges after neighbors reported that he’d “gone crazy.”

Farol Hyppolite, 32, of the 5200 block of McCarty Street in East Naples, was arrested by Collier deputies at his home on Tuesday and charged with aggravated assault with a deadly weapon, criminal mischief and obstruction of justice after getting into fights with several of his neighbors.

One neighbor reported that Hyppolite told him he was going to “slash his head off.”

According to reports, Hyppolite threatened to kill several neighbors, as he swung a machete and a hammer around.

He repeatedly struck one of his neighbor’s cars and pulled a screen window off its frame as he yelled curse words at another neighbor.

Neighbors reported that they were in fear of their lives.

An uncooperative Hyppolite was transferred to the Naples Jail Center, according to reports.

North Naples man accused of beating up pregnant ex-girlfriend

A North Naples man has been charged with aggravated battery after Collier deputies say he beat up his ex-girlfriend, who is seven months pregnant with his baby.

Johny Francois, 29, of the 1400 block of Fifth Avenue North in Naples, was arrested at his home Wednesday. He’s also charged with battery by strangulation and obstruction of justice.

According to reports, he punched his ex-girlfriend in the face, pulled her hair and threatened to kill her after she told him that another ex-boyfriend had recently called her.

She reported that he had slapped and punched her about 30 times and that he repeated several times, “I’m gonna’ kill you.”

At one point during the scuffle, she said, he put both of his hands on her throat, making hard for her to breath. After breaking away, she ran for help.

Battery arrests

? Jonathan Sloan Walker, 47, of the 1200 block of Chantry Place in Lake Mary, Fla., was arrested Wednesday by Naples Police and charged with battery and obstruction of justice after getting into a fight with his wife.

He was arrested at 240 15th Avenue S. after police say he pushed his wife until she hit a bed and fell over, and then pinned her to the bed while continuing to yell at her in a dispute about feeding their son.

? Colby Mathew Combs, 18, of the 16000 block of Edgemont Road, Fort Myers, was arrested Wednesday by Lee deputies at HealthPark Medical Center. He was charged with battery on a firefighter/paramedic. He is accused of hitting and spitting on a medic who was treating him after Combs was battered.

Drug arrests

? ?Ashley Brooke Dryden, 25, of the 14000 Schooner Bay in Golden Gate Estates, was arrested at her home on Wednesday and charged with two counts of possessing a controlled substance and possession of an opium/derivative. •Kenji Val Colin, 32, of the 2900 block of Sixth Avenue S.E. in Golden Gate Estates, was arrested Wednesday at Airport-Pulling Road and Exchange Avenue and charged with possession of cocaine with the intent to sell, possession of opium or a derivative, and possession of drug paraphernalia.

? ?Armando Garcia, 57, of the 2400 block of Osprey Landing Circle, Naples, was arrested Wednesday by Lee deputies in Lee County. He was charged with two counts each of sales of cocaine within 1,000 feet of a church or school, driving while license suspended and possession of cocaine within 1,000 feet of a church or school and one count each of possession of cocaine, possession of a controlled substance.

DUI arrests

? Clark Harding Shotwell, 20, of the 6400 block of Trail Boulevard in North Naples, was arrested Tuesday by Collier deputies at 5926 Premiere Way.

? Andy Guerra, 25, of the 3100 block of Cottage Grove Avenue in East Naples, was arrested on Wednesday at Rattlesnake Hammock Road and U.S. 41 East. He was also charged with driving with a suspended license.

? William W. Brown, 65, the 100 block of Pettigru Street in Greenville, S.C., was arrested Wednesday at the 2000 block of Golden Gate Parkway and Goodlette-Frank Road.

? Emily Lauren Henderlong, 25, of the 27000 block of Johnson Street in Bonita Springs, was arrested at Arbor View Boulevard and Old U.S. 41 Road.

Other arrests

? ?Kristen Marie Madden, 27, of East Naples, was arrested Wednesday by Collier deputies and charged with defrauding a pawn broker and dealing in stolen property. She’s accused of pawning jewelry she took from a roommate while living in Bonita Springs. She was arrested at 5585 Shirley Street.

? Ian Cummings, 31, of the 2000 block of Airport-Pulling Road South in Naples, was arrested by Collier deputies on Wednesday and charged with fraud and petit theft after he returned several items at the WalMart Super Center on Collier Boulevard that he and a friend, Alise Naccarato, picked up from the shelves, but never purchased.

He was arrested at 3301 U.S. 41 East.

Click here to view the Collier County Sheriff’s Office’s Cold Case Facebook page

Police Beat is compiled and written by the Naples Daily News staff/ contributors from oral and written reports by Naples police, Collier Sheriff‘s Office, Lee County Sheriff’s Office, Marco police and other agencies. Arrests indicate suspicion of crime, not guilt.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Police Beat: Aug. 12, 2010

5:03 P.M. UPDATE — University of Florida law professor Bob Dekle said detectives would have to determine first through DNA who the parents of the fetus are to identify a possible suspect.

If they could prove the fetus could breathe, they could pursue a homicide charge. A medical examiner should be able to determine if it had air in its lungs.

Florida statutes state: ?a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.?

So, even if it couldn?t sustain life on its own, it is considered a victim by Florida law if it could be kept alive through ?standard medical measures.?

?That?s one of the things they look at,? Dekle, a former prosecutor, said of the fetus breathing. ?That?s how you?d make a homicide case.?

But even if detectives couldn?t prove a homicide, the state could pursue charges relating to the disposal of bodies or not reporting deaths.

1:28 p.m. update

The Lee County Sheriff’s Office is investigating a fetus found Friday on top of a sewage recycling grate at the Lee County Waste Water plant on San Souci Drive in south Fort Myers.

The 16-week-old fetus was found by a worker at the plant, according to sheriff’s office spokesman Tony Schall.

James Gabrick told investigators he was checking for overflow in the sewage recycling area when he observed the fetus on the grate, according to a sheriff’s office report.

Gabrick told investigators the grates are checked every few hours.

It is not known where the fetus came from.

The sewer plant receives raw sewage from areas from the river to U.S. 41 and from College Parkway to Summerlin Road, according to the report.

The fetus appeared to be almost fully developed, according to the report.

Fetuses cannot survive outside the womb until they have developed at least 23 weeks, according to medical staff at the Neonatal Intensive Care Unit at HealthPark Medical Center.

“This 16-week old fetus would not have been viable,” said Sally Jackson, a spokeswoman for the Lee Memorial Health System.

The sheriff’s office Major Crimes Until is investigating the incident.

This is a developing story. Check news-press.com for updates.

16-week-old fetus found in south Fort Myers

Ryan Costello LCSO

Ryan Costello LCSO

A 31-year-old Fort Myers man who confessed, “I killed my kid,” has been formally charged with murder in the beating death of his nearly 4-month-old son.

Ryan Costello will be arraigned Monday morning by Lee Circuit Judge Ramiro Mañalich on a second-degree murder charge and child neglect in the death of Darwin Costello. Costello has been held without bond in Lee County jail since his June 13 arrest.

The State Attorney’s Office filed formal charges Friday afternoon. Costello’s girlfriend, Whitney Simonsen, 24, the baby’s mother, was charged with possession with intent to sell Oxycodone.

“Those are initial charges based on the facts and evidence we have so far, but we’re still reviewing evidence and more charges may be possible,” said State Attorney’s Office Spokeswoman Samantha Syoen.

Costello’s attorney, Wilbur Smith of Fort Myers, couldn’t be reached Friday evening.

Lee County Sheriff’s reports say Costello attacked Simonsen in their Portofino Springs Boulevard home on June 13, after she returned from a bar. She found her baby lying on the couch, severely injured and laboring for breath. They rushed him to HealthPark Medical Center and he was flown to All Children’s Hospital in St. Petersburg, where he remained brain dead, on life support for four days.

Costello’s arrest report says he told Simonsen he was a murderer, admitting, “I killed my kid.” The report says she repeatedly asked what he’d done, but he kept giving her different stories. Neither has an adult felony record.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Fort Myers man, who confessed to beating infant to death, formally charged with murder