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PONTIAC, Mich. (Court TV) Perhaps realizing that he should not have chosen to represent himself at his latest trial, Dr. Jack Kevorkian has hired a lawyer that helped him gain two acquittals in the past to handle the appeal of his murder conviction.
According to "The Detroit Free Press," Mayor Morganroth, who had teamed with former Kevorkian lawyer Geoffrey Fieger in previous trials, has filed notices with Judge Jessica Cooper represent the retired pathologist during his appeal. Kevorkian, 70, was convicted on March 26 of second-degree murder and delivery of a controlled substance for his role in the videotaped and televised death of Lou Gehrig's disease patient Thomas Youk.
According to Morganroth, Kevorkian's legal advisers during the trial, David Gorosh and Lisa Dwyer, will represent him at his sentencing April 14 and will perhaps aid in his appeal. Morganroth's son and law partner, Jeffrey, also plans to participate in the appeal.
Morganroth did not indicate what arguments he would use in Kevorkian's appeal. He could focus on Judge Cooper's refusal to admit the testimony of Youk's widow and brother, Melody and Terrence. Judge Cooper ruled that the Youks' testimony was inadmissible at trial because it alluded to the alleged victim's pain and suffering.
However, Kevorkian claimed that the Youks would be able to help him prove that he did not intend to kill their loved one and only meant to end his suffering. In a pre-trial ruling, the judge ruled that pain and suffering evidence was relevant to assisted suicide but not murder. To prevent the defense from using that evidence, prosecutors dropped the assisted suicide charge against Kevorkian.
In addition, Morganroth also could argue that prosecutor John Skrzynski's objections during Kevorkian's closing arguments criticized the defendant's choice not to testify at trial. In front of the jury, Skrzynski told Judge Cooper, "He [Kevorkian] can't testify now. He could have ..." Judge Cooper stopped Skrzynski before he could finish his sentence. Gorosh has argued that Skrzynski's suggestions about Kevorkian's failure to testify prejudiced the jury. Kevorkian had a constitutional right not to testify, and lawyers are forbidden from criticizing defendants who use that right.
Fieger says he chose not to participate in Kevorkian's latest trial because the two clashed over the reputed "Dr. Death's" desire to act as his own attorney. Fieger has said he refuses to allow his clients to hurt themselves and blasted Gorosh for allowing Kevorkian to commit "legal suicide." Gorosh responded by saying Kevorkian had a constitutional right to self-representation.
Court TV's Bryan Robinson contributed to this report.
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