Assailing the Michigan justice system and Dr. Kevorkian's conviction
by Jim Renton

Research
Division and classification

Dr. Jack Kevorkian is a controversial advocate of physician assisted suicide. This seventy-year-old retired pathologist from Michigan has assisted in 130 suicides, according to his own count, since June of 1990. Last September, Dr. Kevorkian made a move that hurled him into the public spotlight. Instead of merely assisting in the suicide of fifty-two-year-old Thomas Youk, a terminally ill man, Dr. Kevorkian personally injected Youk with toxic drugs. Previously, Dr. Kevorkian had just provided toxic substances which his terminally ill patients could use to end their suffering. As Dr. Kevorkian stated in a 60-Minutes interview, he injected Mr. Youk, who suffered from Lou Gehrig's Disease and who chose to end his life, because Youk was paralyzed and incapable of injecting himself. In fact, Youk's condition was so serious that he had even choked on his own saliva. For those who are not familiar with Lou Gehrig's Disease, "it is a fatal illness that leaves victims unable to speak, swallow or move" according to CNN Interactive. As a result of his medical assistance in ending Youk's suffering, Oakland County (Michigan) prosecutors charged Dr. Kevorkian with murder in the first degree. On March 26, a jury found the doctor guilty of a lesser second degree murder charge and on April 13, he was sentenced to a prison term of 10-25 years for the murder conviction and to 3-7 years in prison for delivering a controlled substance (providing the lethal drugs). Dr. Kevorkian is not a killer. He was charged with violating another person's civil rights and was only convicted because his own civil rights were denied.

In a criminal trial, the defendant has the opportunity to testify. He also has the right to not testify at his trial. According to Kevorkian's attorney and advisor, David Gorosh, "Michigan law forbids prosecutors from making accusations" against a defendant for not testifying. Dr. Kevorkian choose not to testify. However, assistant prosecutor John Skrzynski "improperly criticized Kevorkian for not taking the stand in his murder trial," according to Court TV. This statement could have been enough to convince a jury that Dr. Kevorkian was guilty. If I were on a jury in a criminal trial and a prosecutor implied that the defendant was guilty because he or she chose not to testify, I would believe the defendant to be guilty.

After deliberating for a day, the jury requested a legal dictionary from presiding Judge Jessica Cooper. Judge Cooper denied the request saying that the jury had already received sufficient information. She was not in a position to determine if the jury was able to make a decision based upon the information which the jury had been presented with. Naturally, the evidence presented by both sides in a trial can be propaganda. Presiding judges do not always catch errors or choose not to notice and correct the false statements of counsel. Verifying or researching legal terms would have aided the jury in making a proper decision.

In the trial, assistant prosecutor Skrzynski argued that if the jury did not convict Dr. Kevorkian, "his next victim could be a 16-year-old girl with depression who had recently broken up with her boyfriend." This statement was pure propaganda. Dr. Kevorkian's mission has never been to assist in the suicides of people who were not terminally ill. In fact, he even refuses to accept controversial cases. To clarify, Dr. Kevorkian will not assist in deaths when the family cannot agree. As I saw last year on 60-Minutes and later read about in the San Francisco Chronicle, Dr. Kevorkian refused to assist Alzheimer's patient Dr. Gerry Kolster, a retired OB-GYN physician from San Leandro, California, in his quest to die. Dr. Kolster's family was at odds. His son, also a physician, and who coincidentally practices medicine in Kevorkian's home state of Michigan, insisted that his father wanted to live and that his mother and other brothers and sisters, who had contacted Kevorkian, wanted to help the elder Kolster die. Dr. Kolster died of Alzheimer's early this year in a nursing home.

Prosecuting attorney John Skrzynski also argued that, previously, Dr. Kevorkian assisted in the deaths of people who were not terminally ill. And even though Kevorkian has never been charged with assisting in the deaths of people who were not terminally ill, Skrzynski failed to introduce any evidence to support his claim. This propaganda may have cast enough doubt on Kevorkian's character to have affected the jury's decision. It certainly could not have helped to acquit Kevorkian.

In a criminal trial, a prosecuting attorney always introduces evidence to prove that the individual charged did indeed commit a crime. Often, the prosecutor will call to the stand individuals who witnessed the alleged crime. In this case, Youk's family, including his widow, Melody Youk, and son, Terry Youk were all present at the time of death. Yet, they were not called to testify. In fact, when Kevorkian, who represented himself during the trial, asked to put them on the stand, Judge Cooper would not allow any of Youk's survivors to testify. She ruled that "their testimony would attempt to demonstrate Thomas Youk's pain and suffering." However, she did not even listen to their testimony before deeming that what she felt they might say would be irrelevant. She could have either heard the testimony and then if she felt any part of the testimony was irrelevant, instructed the jury to disregard any inappropriate parts or she could have first heard testimony without the jury present.

The most ironic outcome of the Kevorkian trial is that while physicians may not assist in suicide, prisons can. According to CNN, the same day Kevorkian was taken into custody and "vowed to hunger strike the State of Michigan reversed its policy allowing the force-feeding of prisoners." CNN reports that "under the new policy, if a prisoner refuses food or liquids for 72 hours, prison officials present a waiver to sign, stating that the inmate knows refusing nourishment will lead to death." However, if the prison system, as guardian of prisoners, does not force feed prisoners who refuse to eat, the system is effectively assisting in that prisoner's suicide.Now that Kevorkian has been convicted and the State of Michigan has reversed its force feeding policy, physicians, as care practitioners, and prisons, as guardians, are now held at drastically different standards. Regardless of what the law is, all people and entities should, and according to the constitution, supposedly are held to the same standard. That standard apparently does not apply to the Michigan prison system.

The most shocking factor in this case is Dr. Kevorkian's sentencing. Aside from being sentenced to 10-25 years in prison for second degree murder, he was sentenced to 3-7 years in prison for delivery of a controlled substance (using a drug to kill Mr. Youk). Had Dr. Kevorkian assisted in Youk's death in almost any other fashion, Kevorkian could not have been sentenced to the additional 3-7 years in prison. So, if Kevorkian had killed Youk in an undignified manner, such as with a firearm, a bomb or a knife, Kevorkian could not have been charged and convicted for delivery of a controlled substance. Judge Cooper's harsh sentencing, combined with her refusal to suppress the prosecutor's inappropriate comments during closing arguments, as well as her refusal to allow either of Youk's survivors, who are also witnesses to his death, to testify, proves that the judge was biased and should not have heard the case. All of her decisions in the trial aided the prosecution's case while denying Dr. Kevorkian his civil rights.

Dr. Kevorkian deserves what every other American deserves: civil rights. Whether he violated another person's civil rights should be left up to a new and unbiased jury and judge to hear and determine. Personally, the decision would be easy for me. It is time to allow people one final civil right: the right to die (for the terminally ill). It is just as fundamental and important as is the right to live.

I respect the wishes of those who would not choose to end their lives during a painful terminal illness, just as I ask them to respect both my decision and right to be relieved of suffering should I ever be in a painful terminally ill state. Dr. Kevorkian has made blunders in his mission to legalize physician assisted suicide by filming some deaths and leaving bodies outside of the county morgue and in emergency rooms. However, he is working to bring our country's laws up to standard with not only morals and ethics, but also with the laws of other industrialized nations such as Sweden and Britain. I do not feel that it is moral or ethical to force a ninety-year-old man to die a prolonged and painful death from cancer when he chooses to be relieved of his suffering.

And, Dr. Kevorkian is proving his point just as Rosa Parks began the fight against discrimination on buses: by breaking the law. While breaking the law is not generally proper, prosecutors in the Kevorkian trial should define what breaking the law is. They feel that Kevorkian's assisting in suicides is unlawful. Prosecutor Skrzynski and Judge Cooper boldly proclaimed that Kevorkian broke the law and that no one is above the law. Well, based upon the trial, it appears that Judge Cooper is above the law for denying Kevorkian his civil rights, as provided under Michigan state law. Prosecutor Skrzynski needs to be more careful in proclaiming people unlawful. I'm sure he breaks the law every morning. After all, driving to court just one mile over the speed limit is clearly and undoubtedly breaking the law, whether or not the action is intentional. And now state prisons in Michigan are not only authorized to assist in suicides by letting prisoners die by starving themselves if they choose to while in custody, but wardens have been instructed that they must allow prisoners to go without food and drink if the prisoner chooses. Physician assisted suicide is currently illegal, but I hope it too, will soon be within the legal speed limit for all Americans.

SOURCES:

"Lawyer: Kevorkian can seek mistrial." CNN Interactive. 3/26/1999. http://www.cnn.com/US/9903/26/kevorkian.01/

Hyde, Justin. "Kevorkian Starts Hunger Strike." Associated Press. 4/15/1999.
http://search.washingtonpost.com/wp-srv/WAPO/199990415/V000304-041599-
idx.html

60 Minutes
Court TV (it televised the entire trial and sentencing live)

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