The prosecutor's office has subpoenaed "60 Minutes" for an unedited copy of the videotape supplied by Kevorkian because viewing it is critical in the decision on charging Kevorkian, Oakland County Prosecutor David Gorcyca said.
Based on what he saw on "60 Minutes," he said, "It appeared a homicide was committed." But he said he "will not be baited into making a premature charging decision."
"It would be irresponsible for any prosecutor to level charges against any individual based solely on media reports and an edited version of the tape on "60 Minutes," Gorcyca said.
A spokesperson for "60 Minutes" said the subpoena had not been officially served, and no decision had been made about turning the videotape over.
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| AP PHOTO Jack Kevorkian and Mike Wallace walk through the lobby of a hotel in Livonia, Mich., where Kevorkian was interviewed for a CBS broadcast. |
Kevorkian's tape showing the injection death of Thomas Youk, who suffered from Lou Gehrig's disease, was shown Sunday night. The 70-year-old retired pathologist has acknowledged a role in some 130 assisted suicides since 1990, but said Youk's death was his first euthanasia.
"They must charge me. Because if they do not, that means they don't think it was a crime," Kevorkian said on the program.
Kevorkian's lawyer, David Gorosh, said yesterday that Kevorkian will cooperate with the investigation and will turn over a tape of Youk's death as early as today.
Gorosh said he believes that even if Gorcyca files charges, a jury would be unlikely to convict Kevorkian.
"Basically this is a case of mercy. How can someone indicate that a murder is something that was done in a merciful way," Gorosh said.
In past cases, Kevorkian has said his clients voluntarily activated his homemade devices that delivered carbon monoxide or intravenous chemicals that caused their death. He has been acquitted in three trials of assisted suicide charges, and a fourth trial ended in a mistrial.
On Nov. 4, he was convicted on misdemeanor charges related to a scuffle with police outside a Royal Oak hospital where he and an associate were dropping off a body.
Kevorkian said Youk died Sept. 17, less than three weeks after the enactment of a revised Michigan law making assisted suicide a felony punishable by up to five years in prison.
At the time of Youk's death, Kevorkian was under a court order by the judge in his misdemeanor trial banning him from assisting a suicide.
Royal Oak Deputy Assistant City Attorney Jim Marcinkowski said Monday his office is considering a criminal contempt of court charge. If charged and convicted, Kevorkian would face up to 90 days in jail.
The state has been trying since April 1997 to build a case against Kevorkian of practicing medicine without a license. State medical regulators suspended his license in 1991 and last year issued a cease and desist order - which Kevorkian publicly burned.
"It is illegal for him to administer any drugs or medication," said John Truscott, a spokesman for Gov. John Engler. "So clearly he is in violation of the cease and desist order and he will be prosecuted on that."
Truscott said the state would also try to get an unedited copy of the videotape. A felony conviction of practicing medicine without a license carries penalties of up to four years in jail.
The state might also investigate whether Kevorkian had violated laws governing controlled substances; the "60 Minutes" segment said Kevorkian used secobarbital to put Youk to sleep.
On the videotape shown on "60 Minutes," Youk in barely intelligible speech acknowledged Kevorkian's reading of a form consenting to have his life end by "direct injection." Kevorkian asked him if he wanted to postpone the injection, and Youk agreed to wait a week.
But Youk's brother called Kevorkian the next day, saying "'Tom wants it now,"' Kevorkian said. "And I couldn't say 'Well no.' I'm not going to make him wait a week."
The tape then showed a figure - Kevorkian's face was not shown - injecting Youk with three chemicals: a sedative, a muscle relaxant and another one to stop his heart.
The "60 Minutes" segment was not aired by some CBS affiliates, but attracted more viewers to the show during broadcasting's November "sweeps" period, when TV ratings are watched closely to set local advertising rates.
The show drew a preliminary 15.7 rating and 25 share Sunday night, with an estimated 15.6 million households watching. This fall, the newsmagazine has averaged a 12.8 rating and 21 share.
11-24-98
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