The Kevorkian Trial

On 13 April l999 retired pathologist Dr. Jack Kevorkian was sentenced in Michigan, USA, to two terms of imprisonment for helping a man suffering from ALS to die. For the 2nd degree murder of Thomas Youk he received a sentence of 10-25 years and for using a 'controlled substance' (lethal drug) he was given 3-7 years jail, the sentences to run concurrently. A month earlier a jury had convicted him on both counts. The 70-year-old doctor, who is currently in prison, has said he will appeal to higher courts. The case achieved enormous notoriety, not only for Dr.Kevorkian's publicly acknowledging that he had already helped at least 130 other people to die by assisted suicide, but Mr.Youk's death in September l998 was by direct injection (voluntary euthanasia).

When the law enforcement authorities in Michigan did not move to charge Kevorkian with killing Mr.Youk, he took a tape of the incident to CBS Television, which aired it in the widely watched news program '60 Minutes'. On the program Kevorkian challenged prosecutors to act: three days later Kevorkian was charged with the offences. The legal case against Kevorkian was, of course, watertight because his video clearly demonstrated the process of injection. There was no question but that he was guilty in the eyes of the law. The law does not accept that a person can ask to be killed – as Tom Youk clearly did. It is still 'murder' legally. So, in an attempt to persuade the jury that his action had not been 'murder' but a justifiable act of mercy, Kevorkian defended himself. He sought 'jury nullification' on the grounds of humanity – something a lawyer may not do. Kevorkian was further hampered by the judge's ruling that he could not call the wife and brother of Tom Youk to confirm Tom's suffering and that the lethal injection was agreed by all three. (This aspect of the trial is likely to be one of the grounds for appeal.) On three previous occasions when charged with 'assisted suicide' the juries refused to convict Kevorkian against the weight of evidence. But that did not happen this time.

Soon after he started publicly helping people to die in l990, Kevorkian was stripped of his licenses to practice medicine in both Michigan and California.