Doctor sexually assaulted unconscious patients, police say

An Orange County anesthesiologist convicted of sexually assaulting three unconscious female patients  has been sentenced to six months in jail and five years probation, despite the objections of prosecutors who wanted state prison time.

Yashwant Balgiri Giri, 60, pleaded guilty to a court offer to multiple felony counts related to the sexual battery of patients, including a 16-year-old, according to a statement from the Orange County district attorney's office.

Giri will have to register as a lifetime sex offender and will have his medical license revoked, in addition to the jail time and probation.

Prosecutors sought a state prison sentence, citing a violation of his "position of power and trust" with the women at a particularly vulnerable time.

Giri, who lives in Cypress, was working at Placentia-Linda Hospital at the time of the crimes, prosecutors said. He previously worked at several hospitals in Anaheim and Lakewood.

Through a spokeswoman, Placentia-Linda Hospital declined to comment.

Prosecutors said that in February 2009,  while a 16-year-old was unconscious from medication, Giri assaulted the girl when a scrub nurse preparing surgery tools had her back turned. The nurse witnessed the assault, prosecutors said, and reported it immediately to a hospital official.

Prosecutors allege that the hospital did not report the incident to police at the time.

In March 2011, prosecutors said, a hospital employee witnessed Giri fondling the breasts of a 36-year-old woman while she was under anesthesia for an outpatient surgery procedure.

An employee allegedly witnessed the incident  Prosecutors said the fondling continued for an extended period of time, as his actions were concealed from the surgeon and nurse.

The alleged assault was reported to a hospital official and then to Placentia police, prosecutors said.

Soon after an investigation began, Giri resigned from his duties at the hospital.

After he was arrested in May 2011, a third alleged victim stepped forward, saying she had been assaulted by Giri.

In April 2010, prosecutors said, Giri assaulted a 27-year-old woman while she was being put under anesthesia but before she was unconscious. Prosecutors said he touched the woman under the pretense of performing an examination, although it had no legitimate medical purpose.

During a sentencing hearing, a statement from the then-36-year-old woman, who was fondled, was read by prosecutors.

"His actions make me question every single doctor, nurse, medical decision and procedure I encounter within my everyday life," she said. "I not only fear for myself, I fear for my child, my friends, my family. This is a burden caused by the perverted actions of this predator."

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-- Rick Rojas

Photo: Yashwant Balgiri Giri. Credit: Orange County district attorney's office.

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The Lede: Palestinian Filmmaker Describes Detention at Los Angeles Airport

The trailer for “5 Broken Cameras,” Emad Burnat’s autobiographical film on life in the West Bank.

The Palestinian filmmaker Emad Burnat, who had a hard time convincing immigration officers at Los Angeles International Airport on Tuesday that his invitation to this weekend’s Academy Awards was real, described his brief detention in a statement on Wednesday.

Last night, on my way from Turkey to Los Angeles, my family and I were held at U.S. immigration for about an hour and questioned about the purpose of my visit to the United States. Immigration officials asked for proof that I was nominated for an Academy Award for the documentary “5 Broken Cameras,” and they told me that if I couldn’t prove the reason for my visit, my wife Soraya, my son Gibreel and I would be sent back to Turkey on the same day.

After 40 minutes of questions and answers, Gibreel asked me why we were still waiting in that small room. I simply told him the truth: “Maybe we’ll have to go back.” I could see his heart sink. Although this was an unpleasant experience, this is a daily occurrence for Palestinians, every single day, throughout the West Bank. There are more than 500 Israeli checkpoints, roadblocks, and other barriers to movement across our land, and not a single one of us has been spared the experience that my family and I experienced yesterday. Ours was a very minor example of what my people face every day.

As my colleague Jennifer Schuessler reported, Mr. Burnat, who was nominated along with his Israeli co-director Guy Davidi for his autobiographical film about the difficulties of life in the occupied West Bank, was eventually released after a previous winner of the Oscar for best documentary, Michael Moore, managed to get a lawyer for the Academy of Motion Picture Arts and Sciences to intervene.

My blog today on Palestinian Oscar nominee Emad Burnat detained last nite at LAX because he didn’t look Oscar-ish enuff http://t.co/WH81TCjt

— Michael Moore (@MMFlint) 20 Feb 13

In a post on his blog, Mr. Moore explained that he was waiting for the Palestinian filmmaker at a dinner for nominees when he received an urgent appeal for help.

I received an urgent text from Emad, written to me from a holding pen at the Los Angeles International Airport (LAX). Here is what it said, in somewhat broken English: “Urgent – I am in the air port la they need more information why I come here. Invitation or some thing. Can you help they will send us back. If you late, Emad.”

I quickly texted him back and told him that help was on the way. He wrote back to say Immigration and Customs was holding him, his wife, Soraya, and their 8-year old son (and “star” of the movie) Gibreel in a detention room at LAX. He said they would not believe him when he told them he was an Oscar-nominated director on his way to this Sunday’s Oscars and to the events in LA leading up to the ceremony. He is also a Palestinian. And a olive farmer. Apparently that was too much for Homeland Security to wrap its head around.

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Scientists use 3-D printing to help grow an ear

WASHINGTON (AP) — Printing out body parts? Cornell University researchers showed it's possible by creating a replacement ear using a 3-D printer and injections of living cells.

The work reported Wednesday is a first step toward one day growing customized new ears for children born with malformed ones, or people who lose one to accident or disease.

It's part of the hot field of tissue regeneration, trying to regrow all kinds of body parts. Scientists hope using 3-D printing technology might offer a speedier method with more lifelike results.

If it pans out, "this enables us to rapidly customize implants for whoever needs them," said Cornell biomedical engineer Lawrence Bonassar, who co-authored the research published online in the journal PLoS One.

This first-step work crafted a human-shaped ear that grew with cartilage from a cow, easier to obtain than human cartilage, especially the uniquely flexible kind that makes up ears. Study co-author Dr. Jason Spector of Weill Cornell Medical Center is working on the next step — how to cultivate enough of a child's remaining ear cartilage in the lab to grow an entirely new ear that could be implanted in the right spot.

Wednesday's report is "a nice advancement," said Dr. Anthony Atala, director of the Institute for Regenerative Medicine at Wake Forest Baptist Medical Center, who wasn't involved in the new research.

Three-dimensional printers, which gradually layer materials to form shapes, are widely used in manufacturing. For medicine, Atala said the ear work is part of broader research that shows "the technology now is at the point where we can in fact print these 3-dimensional structures and they do become functional over time."

Today, people who need a new ear often turn to prosthetics that require a rod to fasten to the head. For children, doctors sometimes fashion a new ear from the stiffer cartilage surrounding ribs, but it's a big operation. Spector said the end result seldom looks completely natural. Hence the quest to use a patient's own cells to grow a replacement ear.

The Cornell team started with a 3-D camera that rapidly rotates around a child's head for a picture of the existing ear to match. It beams the ear's geometry into a computer, without the mess of a traditional mold or the radiation if CT scans were used to measure ear anatomy.

"Kids aren't afraid of it," said Bonassar, who used his then-5-year-old twin daughters' healthy ears as models.

From that image, the 3-D printer produced a soft mold of the ear. Bonassar injected it with a special collagen gel that's full of cow cells that produce cartilage — forming a scaffolding. Over the next few weeks, cartilage grew to replace the collagen. At three months, it appeared to be a flexible and workable outer ear, the study concluded.

Now Bonassar's team can do the process even faster by using the living cells in that collagen gel as the printer's "ink." The 3-D technology directly layers the gel into just the right ear shape for cartilage to cover, without having to make a mold first.

The next step is to use a patient's own cells in the 3-D printing process. Spector, a reconstructive surgeon, is focusing on children born without a fully developed external ear, a condition called microtia. They have some ear cartilage-producing cells in that tissue, just not enough. So he's experimenting with ways to boost those cells in the lab, "so we can grow enough of them from that patient to make an ear," he explained.

That hurdle aside, cartilage may be the tissue most amenable to growing with the help of 3-D printing technology, he said. That's because cartilage doesn't need blood vessels growing inside it to survive.

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Tourist's body found stuffed in hotel water tank; guest horrified

There were few details Wednesday on how the body of a missing Canadian tourist ended up at the bottom of a water tank on the roof of a downtown hotel.

For days, residents of the Cecil Hotel thought something was amiss. At least one said there was flooding in one of the fourth-floor rooms, while others complained about weak water pressure.
One of those complaints led a hotel maintenance worker to check Tuesday on one of the large metal water cisterns on the roof, where he discovered the body of an unidentified woman in her 20s at the bottom of the tank.

Authorities said late Tuesday the body was that of Elisa Lam, 21, a Vancouver, Canada, woman last seen at the hotel Jan. 31.

"We're not ruling out foul play," said LAPD Sgt. Rudy Lopez, noting that the location of the remains "makes it suspicious."

Los Angeles police investigators searched the roof of the Cecil with the aid of dogs when Lam was reported missing about three weeks ago. Lopez said he didn't know if the tanks were examined.

"We did a very thorough search of the hotel," he said. "But we didn't search every room; we could only do that if we had probable cause" that a crime had been committed.

Once a destination for the rich and famous in the 1930s and '40s, the Cecil has gradually deteriorated, mirroring the decay of downtown Los Angeles, particularly in the skid row area. With rock-bottom rents and flexible stays, the historic 1927 building attracted those who were a step away from homelessness.

The Cecil also became a magnet for criminal activity. Most notably it was the occasional home to infamous serial killers Jack Unterweger and Richard "Night Stalker" Ramirez. Even after a multimillion-dollar makeover in 2008, police said they frequently respond to the Cecil for calls relating to domestic abuse and narcotics.

In 2010, the hotel was the scene of a bizarre incident in which a Los Angeles city firefighter who had been honored as paramedic of the year said he was stabbed while responding to a distress call. But police found inconsistencies in the story and no assailant was ever located.

On Tuesday, the Cecil grappled with a deeper mystery.
According to detectives with the LAPD's Robbery-Homicide Division, Lam came to Los Angeles from Vancouver on Jan. 26. While they did not discuss her exact movements or whether she visited anyone here, they believe her ultimate destination was Santa Cruz. Lam's reasons for visiting California were unclear, detectives said.

She was last seen Jan. 31 inside the elevator of the hotel. In surveillance footage, Lam is seen pushing buttons for multiple floors and at one point stepping out of the elevator, waving her arms.
A cause of death is still to be determined by county coroner’s officials, Lopez said.

A locked door that only employees have access to and a fire escape are the only ways to get to the roof. The door is equipped with an alarm system that notifies  hotel personnel if someone is up there, Lopez said.

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Woman who ran surrogate parenting firm pleads guilty in fraud case

— Andrew Blankstein and Adolfo Flores

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Brazen Jewel Robbery at Brussels Airport Nets $50 Million in Diamonds

BRUSSELS — They arrived at Brussels Airport armed with automatic weapons and dressed in police uniforms aboard two vehicles equipped with blue police lights. But their most important weapon was information: the eight hooded gangsters who on Monday evening seized diamonds worth tens of millions of dollars from a passenger plane preparing to depart for Switzerland knew exactly when to strike — just 20 minutes before takeoff.

Forcing their way through the airport’s perimeter fence, the thieves raced, police lights flashing, to flight LX789, which had just been loaded with diamonds from a Brinks armored van from Antwerp, Belgium, and was getting ready for an 8:05 p.m. departure for Zurich.

“There is a gap of only a few minutes” between the loading of valuable cargo and the moment the plane starts to move, said Caroline De Wolf, a spokeswoman for the Antwerp World Diamond Centre, an industry body that promotes the diamond business in Belgium. “The people who did this knew there was going to be this gap and when.”

They also knew they had to move swiftly in a secure airport zone swarming with police officers and security guards. Waving guns that the Brussels prosecutors office described as “like Kalashnikovs,” they calmly ordered ground staff and the pilot, who was outside the plane making a final inspection, to back off and began unloading scores of gem-filled packets from the cargo hold. Without firing a shot, they then sped away into the night with a booty that the Antwerp Diamond Centre said was worth around $50 million but which some Belgian news media reported as worth much more.

The thieves’ only mishap: they got away with 120 packets of diamonds but left some gems behind in their rush.

“They were very, very professional,” said the Brussels prosecutor Ine Van Wymersch, who said the whole operation lasted barely five minutes. The police, she added, are now examining whether the thieves had inside information. “This is an obvious possibility,” she said.

Passengers, already on board the plane awaiting takeoff, had no idea anything was amiss until they were told to disembark as their Zurich-bound flight, operated by Helvetic Airways, had been canceled.

“I am certain this was an inside job,” said Doron Levy, an expert in airport security at a French risk management company, Ofek. The theft, he added, was “incredibly audacious and well organized,” and beyond the means of all but the most experienced and strong-nerved criminals. “In big jobs like this we are often surprised by the level of preparation and information: they know so much they probably know the employees by name.”

He said the audacity of the crime recalled in some ways the so-called Pink Panther robberies, a long series of brazen raids on high-end jewelers in Geneva, London and elsewhere blamed on criminal gangs from the Balkans. But he said the military precision of Monday’s diamond robbery and the targeting of an airport suggested a far higher level of organization than the cruder Pink Panther operations.

The police have yet to make any arrests related to the airport robbery, said the prosecutor, but have found a burned-out white van that they believe may have been used by the robbers. It was found near the airport late on Monday.

Scrambling to crack a crime that has delivered an embarrassing blow to the reputation of Brussels Airport and Antwerp’s diamond industry, the Belgian police are now looking into possible links with earlier robberies at the same airport. The airport, which handles nearly daily deliveries of diamonds to and from Antwerp, the world’s leading diamond trading center, has been targeted on three previous occasions since the mid-1990s by thieves using similar methods to seize gems and other valuables. Most of the culprits in those robberies have been caught.

Jan Van Der Cruysse, a spokesman for the airport, insisted that security was entirely up to international standards, but “what we face is organized crime with methods and means not addressed in aviation security measures as we know them today.” Precautions designed to combat would-be bombers and other threats, he added, could not prevent commando-style raids by heavily armed criminals. “This involves much more than an aviation security problem.”

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Kelly Clarkson: 'I Refuse to Be Bullied' by Clive Davis

By Patrick Gomez

02/19/2013 at 06:00 PM EST

Kelly Clarkson; Clive Davis

Kevin Mazur/Wireimage; Dan Hallman/Invision/AP

Clive Davis may have made headlines by revealing his bisexuality in his new memoir, but Kelly Clarkson is more concerned about what he's written in regards to her career.

"I refuse to be bullied and I just have to clear up his memory lapses and misinformation," the recent Grammy winner wrote Tuesday on WhoSay. "It feels like a violation."

In his newly released memoir The Soundtrack of My Life, Davis recalls a meeting with Clarkson that was "a very tough conversation, and it didn't get any easier when Kelly burst in to hysterical sobbing," while discussing the inclusion of "Since U Been Gone" on her second album, Breakaway.

"Not true at all," Clarkson says. "His stories and songs are mixed up. I couldn't be more proud of that song. I resent him dampening that song in any way."

Clarkson goes on to state that she did cry in the meeting but not about "Since U Been Gone."

"I cried after I played him a song I had written about my life called 'Because of You,' " she says. "He hated it and told me verbatim that I was a 's–––ty writer who should be grateful for the gifts that he bestows upon me.' "

Davis recalls a completely different version of the "Because of You" conflict in his book, released Tuesday.

"In subsequent interviews Kelly said that she had to fight to get "Because of You" on the album, but that simply wasn't the case," Clive writes. "I have no idea where she heard that."

Despite the difference in memories, the engaged Clarkson remained positive in her blog.

"I love my job. I love my music. I love my fans," she says. "Growing up is awesome because you learn you don't have to cower to anyone – even Clive Davis."

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Drug overdose deaths up for 11th consecutive year

CHICAGO (AP) — Drug overdose deaths rose for the 11th straight year, federal data show, and most of them were accidents involving addictive painkillers despite growing attention to risks from these medicines.

"The big picture is that this is a big problem that has gotten much worse quickly," said Dr. Thomas Frieden, head of the Centers for Disease Control and Prevention, which gathered and analyzed the data.

In 2010, the CDC reported, there were 38,329 drug overdose deaths nationwide. Medicines, mostly prescription drugs, were involved in nearly 60 percent of overdose deaths that year, overshadowing deaths from illicit narcotics.

The report appears in Tuesday's Journal of the American Medical Association.

It details which drugs were at play in most of the fatalities. As in previous recent years, opioid drugs — which include OxyContin and Vicodin — were the biggest problem, contributing to 3 out of 4 medication overdose deaths.

Frieden said many doctors and patients don't realize how addictive these drugs can be, and that they're too often prescribed for pain that can be managed with less risky drugs.

They're useful for cancer, "but if you've got terrible back pain or terrible migraines," using these addictive drugs can be dangerous, he said.

Medication-related deaths accounted for 22,134 of the drug overdose deaths in 2010.

Anti-anxiety drugs including Valium were among common causes of medication-related deaths, involved in almost 30 percent of them. Among the medication-related deaths, 17 percent were suicides.

The report's data came from death certificates, which aren't always clear on whether a death was a suicide or a tragic attempt at getting high. But it does seem like most serious painkiller overdoses were accidental, said Dr. Rich Zane, chair of emergency medicine at the University of Colorado School of Medicine.

The study's findings are no surprise, he added. "The results are consistent with what we experience" in ERs, he said, adding that the statistics no doubt have gotten worse since 2010.

Some experts believe these deaths will level off. "Right now, there's a general belief that because these are pharmaceutical drugs, they're safer than street drugs like heroin," said Don Des Jarlais, director of the chemical dependency institute at New York City's Beth Israel Medical Center.

"But at some point, people using these drugs are going to become more aware of the dangers," he said.

Frieden said the data show a need for more prescription drug monitoring programs at the state level, and more laws shutting down "pill mills" — doctor offices and pharmacies that over-prescribe addictive medicines.

Last month, a federal panel of drug safety specialists recommended that Vicodin and dozens of other medicines be subjected to the same restrictions as other narcotic drugs like oxycodone and morphine. Meanwhile, more and more hospitals have been establishing tougher restrictions on painkiller prescriptions and refills.

One example: The University of Colorado Hospital in Aurora is considering a rule that would ban emergency doctors from prescribing more medicine for patients who say they lost their pain meds, Zane said.

___

Stobbe reported from Atlanta.

___

Online:

JAMA: http://www.jama.ama-assn.org

CDC: http://www.cdc.gov

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com

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Appeals court revives women inmates' bid for Wiccan chaplain

By Maura Dolan, Los Angeles Times

February 19, 2013, 3:48 p.m.

A federal appeals court revived a lawsuit Tuesday by female prisoners who contend that the California prison system is violating their rights by refusing to hire a full-time Wiccan chaplain.

A district court rejected the inmates' suit, but a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that the inmates may have a valid claim.

The California Department of Corrections and Rehabilitation hires chaplains for five faiths: Protestant, Catholic, Jewish, Muslim and Native American. Inmates of other religions are permitted to worship with those chaplains or with volunteer chaplains.

In their lawsuits, inmates at the Central California Women's Facility in Chowchilla contend that the prison policy favors mainstream religions in violation of the establishment clause of the 1st Amendment. The inmates said there were more Wiccans at the women's prison than there were Jewish, Muslim or Catholic prisoners.

Wicca is a pagan religion that involves witchcraft. If the inmates' allegations are true, the appeals court said, "The prison administration has created staff chaplain positions for five conventional faiths, but fails to employ any neutral criteria in evaluating whether a growing membership in minority religions warrants a reallocation of resources."

The court stressed that it was not suggesting the lawsuit should succeed. A lower court must now evaluate the evidence, including a survey of the religious affiliations of inmates at the prison, the panel said.

maura.dolan@latimes.com

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As Assad Holds Firm, Obama Could Revisit Arms Policy

Reuters

A member of the Free Syrian Army inside a weapons factory in Aleppo on Monday. President Obama has decided against providing arms to rebels in the past.

WASHINGTON — When President Obama rebuffed four of his top national security officials who wanted to arm the rebels in Syria last fall, it put an end to a months-long debate over how aggressively Washington should respond to the strife there that has now left nearly 70,000 dead.

But the decision also left the White House with no clear strategy to resolve a crisis that has bedeviled it since a popular uprising erupted against President Bashar al-Assad almost two years ago. Despite an American program of nonlethal assistance to opponents of the Syrian government and $365 million in humanitarian aid, Mr. Obama appears to be running out of options to speed Mr. Assad’s exit.

With conditions continuing to deteriorate, officials said, the president could reopen the question of whether to provide weapons to select members of the resistance in an effort to break the impasse in Syria. The question is whether a wary Mr. Obama, surrounded by a new national security team, would come to a different conclusion.

“This is not a closed decision,” a senior administration official insisted. “As the situation evolves, as our confidence increases, we might revisit it.”

Mr. Obama’s refusal to provide arms when the proposal was broached before the November election, officials said, was driven by his reluctance to get drawn into a proxy war and his fear that the weapons would end up in unreliable hands, where they could be used against civilians or Israeli and American interests.

As the United States struggles to formulate a policy, however, Mr. Assad has given no sign that he is ready to yield power, and the Syrian resistance is adamant that it will not negotiate a transition in which he has a role. Mr. Obama, in his State of the Union address, did not repeat his oft-stated confidence that Mr. Assad’s days are numbered.

Even if Mr. Assad was overthrown, the convulsion could fragment Syria along sectarian and ethnic lines, each supported by competing outside powers, said Paul Salem, who runs the Beirut-based Middle East office for the Carnegie Endowment for International Peace. “Syria,” he said, “is in the process, not of transitioning, but disintegrating.”

The State Department has funneled $50 million of nonlethal assistance to the Syrian opposition, including satellite telephones, radios, broadcasting equipment, computers, survival equipment and the training in how to use them. This support, officials say, has helped Syrians opposed to the Assad regime communicate with one another and the outside world, despite efforts by Syrian forces to target rebel communications using Iranian-supplied equipment. A Syria-wide FM radio network is to connect broadcasting operations in several cities in the next several days. The State Department has also helped train local councils in areas that have freed from the Syrian government’s control.

But the State Department does not provide non-lethal assistance to armed rebel factions. This has greatly limited the influence the United States has with armed groups that are likely to control much of Syria if Mr. Assad is ousted.

“The odds are very high that, for better or worse, armed men will determine Syria’s course for the foreseeable future,” said Frederic C. Hof, a former senior State Department official and a senior fellow at the Atlantic Council. “For the U.S. not to have close, supportive relationships with armed elements, carefully vetted, is very risky.”

Because units of the anti-Assad Free Syria Army have captured prisoners and detained criminals in the areas they control, Mr. Hof said, it is essential that either the United States or an ally train rebel staff officers in judicial procedures and make them sensitive to human rights concerns.

While the White House has focused on the risks of providing weapons, other nations have had no such reservations. Russia has continued to provide arms and financial support to the Assad government. Iran has supplied the regime with weapons and Quds Force advisers. Hezbollah has sent militants to Syria to help Mr. Assad’s forces. On the other side of the struggle, anti-government Qaeda-affiliated fighters have been receiving financial and other support from their backers in the Middle East.

The arming plan that was considered last year originated with David H. Petreaus, then the director of the Central Intelligence Agency, and was supported by former Secretary of State Hillary Rodham Clinton. The goal was to create allies in Syria with whom the United States could work during the conflict and if Mr. Assad was removed from power. Each had their reasons for supporting it.

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Mindy McCready: Under Police Scrutiny at Time of Suicide?

By Steve Helling and Mike Fleeman

02/18/2013 at 06:00 PM EST

Mindy McCready and David Wilson

Courtesy Mindy McCready

When Mindy McCready talked to police in recent weeks, her account of how her boyfriend came to be found with a fatal gunshot wound to the head concerned police, a law enforcement source tells PEOPLE.

"At first, she said she hadn't heard the gunshot because the TV was too loud. Then she said she had heard the gunshot," the source says. "So obviously there were a lot of questions, and the Sheriff was asking for clarification."

But before investigators could re-interview her, the long-troubled country singer also would die under eerily similar circumstances, her body discovered at the same Heber Springs, Ark., house just feet away from where David Wilson died.

McCready's death was blamed on what "appears to be a single self-inflicted gunshot wound," the Cleburne County Sheriff's Office said in a statement.

This differed from how the sheriff characterized Wilson's case. His cause and manner of death still have not been established by the coroner. It was McCready's publicist, and not a law enforcement official, who announced that Wilson had died of a self-inflicted gunshot wound.

After Wilson's death, McCready, 37, spoke to investigators three times, but they didn't feel as if they were through with her.

"At no point did [police] tell her she was a suspect, and she wasn't officially one," says the source. "But she knew that some of her answers didn't stand up to questioning. She was very cooperative, but she just wasn't making a lot of sense."

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