Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Dr Death defends himself in `mercy or murder' trial

Mary Dejevsky
Monday 22 March 1999 19:02 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

JACK KEVORKIAN, the United States' most prominent and outspoken advocate of euthanasia, went on trial yesterday for murder in a court case widely seen as a showdown between advocates and opponents of mercy killing. Dr Kevorkian, a frail- looking 70-year-old, who is a retired pathologist, convinced the judge, Jessica Cooper, that he should be allowed to represent himself in court, a right she granted, subject to warnings.

"Do you understand that you could spend the rest of your life in prison?" she asked him. To which he responded: "There is not much [of my life] left," and insisted that there were points that he could convey better than his team of lawyers. He did not, however, repeat a threat made after his arrest to starve himself to death if sent to jail.

The charge against Dr Kevorkian is first-degree murder. But the victim, as the doctor is expected to argue, was an entirely willing participant: 52-year-old Thomas Youk, who had pleaded for death as relief from the last stages of the progressive Lou Gehrig's disease. The case is being heard by the Oakland County court in Pontiac near Detroit, close to Waterford Township, where the Youk family lives.

The judge's decision to let Dr Kevorkian defend himself gives him the sort of dramatic duel with the justice system that he has sought for years. Four times he has stood trial, but each time the charge was assisting a death, not murder. Three times he was acquitted; the fourth time a mistrial was declared.

This time, he and the court have conclusive evidence that the doctor administered the fatal injection himself, not the patient. He made a videotape of Mr Youk's death last September, including the injection of the lethal drugs and the moment at which life passed from Mr Youk's body. The tape was shown on US network television in November and provoked fierce controversy.

For Dr Kevorkian - known as Dr Death - who says he has helped more than 130 terminally ill people to die in the past 10 years, the tape is proof that euthanasia, at least in this case, is mercy and not murder. Mr Youk is seen debilitated and begging to die. Members of his immediate family are seen giving his decision their blessing.

The videotape will be evidence for both sides. In his opening statement yesterday, counsel for the prosecution argued that Dr Kevorkian had injected the patient with a substance that he knew would kill him. "He broke the law," he said firmly. "He committed a crime."

If the jury acquits, assisted suicide is de facto legalised in Michigan; if not, anyone who can be proved to have helped someone to die could theoretically be convicted of murder.

Except in Oregon, which approved a limited euthanasia law in a 1997 referendum, mercy killing is not legal in the US. And while pressure for legalisation has been growing, judicial clarity is something many doctors feel that they and their patients would be better off without.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in