Updated March 25, 1999, 11:59 a.m. ET
Kevorkian denies intending to kill Lou Gehrig's disease patient in closing arguments  
  
PONTIAC, Mich. (Court TV) — Insisting that only he knew his true intent when he helped Thomas Youk die, Dr. Jack Kevorkian told jurors in his closing arguments that he never intended to murder the Lou Gehrig's disease patient.

Acting as his own attorney, Kevorkian insisted that he only wanted relieve Youk of his pain, "his torture." He told jurors he was only doing his duty as a dedicated physician and following Youk's wishes to end his suffering.

"Thomas Youk didn't want to die ... no one does," Kevorkian said. "But there are times when you must because of certain circumstances. The issue here is whether Tom wanted what was done and whether I committed murder in the process of my helping him. That's what you must decide."

The retired pathologist stressed that Michigan prosecutors can only infer his intentions from the videotapes of Youk's death; only he knows the truth. Kevorkian said that presents reasonable doubt over whether he intended to kill Youk. Kevorkian said he was providing a medical service to Youk, and contrary to prosecutors' claims, his videotaping the death was not a publicity stunt.

"History will judge you for what you do today," Kevorkian said. "We can make a little progress in our society, but if you think I'm a criminal, then you must do what the law says. Honestly now, do you see a criminal? Do you see a murderer? If you do, then you must convict. And then, take the harsh judgment of history, and the harsher judgment of your children and grandchildren if they ever come to need that precious choice."

But in his closing arguments, prosecutor John Skrzynski said that the videotape — and the interview with CBS' "60 Minutes" — show that Kevorkian killed Youk to make a political statement on euthanasia. Playing parts of the tape once again for jurors, Skrzynski said Kevorkian made the tape knowing he wanted it presented in a court of law and admitted it to "60 Minutes'" Mike Wallace.

"He has an agenda, to bring this issue before a court. He tells Mike Wallace, 'They must charge me. Either they go or I go ... if they go that means they'll never convict me in a court of law.'" Skrzynski said. "He thinks that prosecutors will charge him with manslaughter, not necessarily murder. That shows that he knew he had killed a man."

Skrzynski emphasized that Kevorkian's trial was not about Youk's illness, euthanasia or the debate over assisted suicide but about the reputed "Dr. Death's" right to kill. He pointed out to jurors that Kevorkian barely knew Youk 24 hours before he killed him. While playing the videotape of Youk's death, Skzrynski said that Kevorkian did not even shut the deceased Youk's mouth before removing the needles hooking him to the medical devices. Skrzynski implied that Kevorkian was only concerned about killing Youk to advance his political agenda, not his well-being.

"He's making a political statement, and he kills a man to make his statement," Skrzynski said. "He wants the issue raised to a level where it's finally decided in a court, not before thousands of people in the state, like in a true democracy. That issue is Jack Kevorkian's right to kill, his euthanasia. Jack Kevorkian murdered Thomas Youk. He does not have a right to kill."

Skrzynski also told jurors that the delivery of a controlled substance charge refers to Kevorkian's actual injection of the fatal dose of three drugs into Youk's arm.

Kevorkian is on trial for first-degree murder for his involvement in the September 1998 death of Youk. He was originally charged with murder, assisted suicide, and delivery of a controlled substance, but prosecutors dropped the assisted suicide charge to prevent the defense from presenting evidence about Youk's pain and suffering. In a pre-trial hearing, Judge Cooper ruled that evidence about Youk's condition was relevant to assisted suicide but not murder.

In addition to first-degree murder, jurors will have to consider lesser-included charges of second-degree murder and involuntary manslaughter. Judge Cooper reminded jurors in her instructions that consent is not a legal defense.

Kevorkian rested his case Thursday morning without calling any witnesses or testifying on his behalf after a Michigan judge rejected his motion to admit the testimony of Youk's widow and brother.

In her ruling Thursday morning, Judge Jessica Cooper told Kevorkian that the arguments in his written motion filed Wednesday were not relevant to his case but applied more to his opposition to Michigan's ban on assisted suicide. Judge Cooper told Kevorkian that his arguments should be addressed in the Michigan Court of Appeals.

If convicted of first-degree murder, Kevorkian could face life in prison. Delivery of a controlled substance is punishable up to seven years in prison.

Court TV's Bryan Robinson contributed to this report.

 

 
 


advertisement
©2007 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo