Germany: Oops! Man Allegedly Kills Friend Who Was Misdiagnosed as Terminally Ill

In case anyone wonders what the unintended consequences of lowered criminal penalties for “mercy killings” or “compassionate homicides” can look like, one only needs to look to Germany. (This is aside from the obviously discrimatory standard in officially labeling the murders of old, ill and disabled people as less serious crimes than the murders of nondisabled ones)

In 2002, the uproar and outrage over the murder and cannibalization of Bernd Jürgen Brandes by Armin Meiwes was increased when it was announced that Meiwes would be charged with manslaughter instead of murder. The reason for this is that Brandes had consented to his own murder, a situation that triggered a lesser charge. The outrage, of course, was that the use of the charge against Meiwes was a misuse of the law, which was meant to apply to the killing of old, ill and disabled people who wanted to be killed. Eventually, German authorities found a rationale to retry Meiwes for murder instead of manslaughter and he received a life sentence. The whole saga is chronicled in the Wikipedia entry on Meiwes.

The latest case that will no doubt spark some degree of misdirected outrage – or maybe just discomfort – is the alleged murder of a man who – because of a misdiagnosis – believed he was terminally ill.

Here’s the story:

Bochum man demands mercy killing over false cancer diagnosis

Published: 6 Feb 09 19:40 CET
Online: http://www.thelocal.de/society/20090206-17287.html

A Bochum man who thought he was terminally ill with cancer convinced a friend to stab him to death but authorities later tragically confirmed he was not sick at all, according to daily Bild.

Police discovered the body of the man, identified as 40-year-old Achim K., in his apartment at his parents’ house on Thursday morning after his alleged killer called the fire brigade regarding the incident. Following his arrest, the 32-year-old suspect indicated his friend had asked him to commit the murder, Bild reported on Friday.

The Public Attorney’s Office in Bochum has collected six witness accounts confirming the suspect’s statement, although a suicide note has yet to be found. Several witnesses – including the parents of the deceased – confirmed that Achim K. had spoken of being seriously ill with cancer in the weeks leading up to the event.

Toxicology tests should reveal in coming weeks whether the man was completely sober at the time of the event. Should the suspect be convicted of a mercy killing, he could face anywhere from six months to five years in jail, according to Bild .

The Local (news@thelocal.de)

It’s hard to predict the outcome here. The fact that the murder was done through a multiple stabbing tends to make people less sympathetic to murderers and less inclined to think “mercy” was a motive. OTOH, the German public and courts could just shrug and decide that an honest belief that someone is dying and suffering is a good enough reason to evade a murder charge and qualify for a lesser one. –Stephen Drake

Two Highly Recommended Blog Reads Today

Part of my daily routine involves checking news and blogs for material relevant to NDY issues. Most often I excerpt and link to relevant pieces – critiquing ones that kind of demand a response of some kind. Then there are those happy times I find bloggers who have written some things that are so on-target to NDY issues, all I can do is post a brief excerpt, provide a link and tell people to go read them.

This morning, I found two. In order of discovery, then:

Dick Sobsey has written a really good analysis of the concepts of “mercy killing” and the proposed statutes of alleged “compassionate homicides”:

5 February 2009 – The notion of mercy killing or compassionate homicide periodically reappears in the news, editorials, or legislative agendae. For example, here in Canada in 1994, a Senate Committee recommended legislation that would create a third category of murder, classified as “compassionate homicide.” This new category would apply to cases where an individual killed another person when the motivation was compassion rather than malice. In other words, it would differ from other forms of murder, not in the actions of the killer or the outcome of those actions. It would differ from other murders only in the motivation behind the action and by the fact that there would be a lesser penalty, with no minimum sentence. Some have even suggested that compassionate homicide should not be considered a crime at all.

There are many problems related to this idea, and I am only going to discuss two closely related ones here: (1) Criminalizing motivation, and (2) equal protection of the law.

Please read the rest of No Mercy – In My Opinion

At the same time, William Peace at Bad Cripple has also written a very thoughtful essay on the intersections of disability, illness and assisted suicide:

It is frigid in New York. When I woke up it was 4 f. and I measure this sort of cold by the creeks and cranks that materialize in my wheelchair when the temperature dips near zero. Since it is too cold to spend much time outdoors I have been doing a lot of reading. Last night I finished Edwin Black’s searing War Against the Weak, one of the best books I have ever read about the Eugenics movement in the United States. This morning I read too much about California’s Terminal Patients’ Right to Know End-of-Life Options Act that was signed into law recently. My reading choices have made me cranky. The assisted death movement has gained tremendous momentum in the last year and I am deeply worried about the implications of recent legal changes in Washington, Montana and California. When I expressed these reservations to a friend they thought I was being reactionary. “Come on”, this person said, “you live in the burbs and have nothing to worry about. Hospitals and doctors would never treat you poorly.” This assessment is wrong and indicates why the assisted suicide movement has been so successful.

Please read the rest of Framing the Debate: Assisted Suicide and Disability

BTW, I’ve referred readers to both of these blogs before. I’ve bookmarked them both and it might not be a bad idea for others to do the same. –Stephen Drake

Barbara Coombs-Lee and “Compassion” Join “Last Goodnights” Book Promotion

Yesterday, I wrote about Good Morning America‘s fawning rollout of John West and his memoir, “The Last Goodnights.” In the book, he claims to have facilitated/aided the suicides of both his father and mother about ten years ago.

It turns out that West’s lone publicity tour is looking more like a bandwagon. Today, I found out that the site “medicalnewstoday.com” published an “article” that looks an awful lot like a press release from Compassion & Choices, the largest U.S. organization devoted to promoting legalization of assisted suicide.

Given the claims of Mr. West regarding his parents’ deaths, there are some “interesting” statements by C & C’s President, Barbara Coombs-Lee:

“Society must address the need for expanded end of life choice,” said Compassion & Choices President Barbara Coombs Lee. “No family member should have to risk prosecution, as Mr. West has. Aid in dying should be the final option on a continuum of legal medical decisions. Failing to legalize and regulate aid in dying only encourages an unsafe, underground practice. State legislatures should step up to their responsibility and meet the needs of their citizens. This family’s difficult situation arises directly from California’s failure to enact a Death with Dignity law.”

“As a wealthy, resourceful lawyer Mr. West was able to obtain potent medication and help his parents die well. Most families are not so lucky, and the law in 47 states discriminates against them. Legalization offers equal access and the protection of skilled clinicians and an open procedure. Only an open, transparent and legal practice gives people the equal opportunity to explore all options and die on their own terms,” said Lee.

Let’s unpack the claims here. Coombs-Lee is implying that the laws in Oregon and the recently passed Washington referendum would have prevented the “need” for the private suicides claimed in West’s memoir.

Again, if what West has written is true, it’s possible his father could have gone to a physician in Oregon and obtained his own prescription, legally.

But West also claims to have assisted in the suicide of his mother, who had been recently diagnosed with alzheimer’s. His mother would be ineligible for a legal prescription in Oregon and would be under the statute that will be in effect in Washington State?

I guess there are several ways to interpret Coombs-Lee’s statements here. She could simply be deliberately misleading a largely misinformed public and press about the actual impact of an Oregon-type law for people such as West’s mother. Maybe she’s signalling that doctors aren’t really that rigourous about adhering to the “strict guidelines” for eligibility.

Or maybe she’s signalling the next step in assisted suicide advocacy by her organization – opening up “eligibility” for lethal prescriptions to a wider spectrum of old, ill and disabled people.

Come to think of it, maybe all three explanations are correct. –Stephen Drake

News on Minna Mettinen-Kekalainen: Home Care Resumed, But Problems Remain

Like many bloggers/advocates/activists, I have been awaiting word that Minna Mettinen-Kekalainen’s home care had actually resumed. The last news story about her situation was published when the first day of resumed care was still several days away.

Northern Life.ca has an update on Minna, a mixed bag of good news and progress still to be made:

A Sudbury woman facing a losing battle with Lou Gehrig’s Disease started receiving care once again Feb. 2 from the North East Community Care Access Centre (CCAC), but it was not the level of care she had been expecting.

In mid-November, Minna Mettinen-Kekalainen stopped receiving care from the local Community Care Access Centre after she refused to sign a contract that would prevent her from contacting the proper authorities if she wasn’t being given proper care.

When her care was reinstated Mettinen-Kekalainen had been expecting a nurse to provide care in the morning and afternoon. However, a nurse didn’t come until the evening.

She has written a letter to the CCAC about this. A representative of the CCAC said the organization cannot discuss issues with individual clients because of privacy legislation.

The print story has a link to longer video coverage, which can be viewed here.

Among other things (and I am paraphrasing/summarizing here), the nurse that arrived seemed to be doing the best that she could, but was operating from incomplete/incorrect medical orders. And the nurse, of course, is limited to what she can do – according to the instructions/orders she’s been given.

Hopefully, this is something that can be worked out fairly simply. Getting medical instructions corrected can’t be that big a deal – can it? Let’s hope not, anyway. –Stephen Drake

ABC’s GMA Helps Author Promote Memoir and Assisted Suicide

ABC’s Good Morning America appears to have pulled out all the stops in helping attorney John West promote his recently-published book, “The Last Goodnights.” The book is a memoir detailing how he “assisted” the suicides of both his parents about ten years ago.

Before I get into the specifics of the coverage, I’d like to offer several caveats in regard to memoirs. First, there have been several high-profile memoirs over the past few years that were revealed to contain significant fabrications – events that never happened, but that made better reading. A Million Little Pieces, by James Frey, is probable the most notorious example. “Angel at the Fence: The True Story of a Love That Survived” by Herman Rosenblat was another memoir whose central plot point was a total fabrication – making national news last December.

So it’s probably wise to be a little cautious in accepting the total veracity of any memoir that is as totally unverifiable as John West’s account of his role in his parents’ deaths. The only people who could verify his account – his mother and father – are dead. I doubt that it would be possible to verify they died through anything other than natural means, even with exhumation and autopsies. Ten years is a long time.

Today, GMA has done its best to make West’s memoir financially rewarding. The site has video, a written story and a book excerpt. Makes me wonder if ABC is already in negotiation for film rights.

From the story:

For attorney and author John West, his parents were lifelong sources of comfort, wisdom and pride.

But West has been keeping a 10-year-old secret about his parents from everyone, including his two sisters, which he is revealing for the first time in a memoir called “The Last Goodnights.”

West helped his terminally ill parents commit suicide, a crime in the state of California, where the deaths took place. In revealing his actions, West acknowledges he could face prosecution.

“I’m hopeful that that won’t occur, but there is the possibility,” West said in an interview that aired on “Good Morning America” today. “The statute of limitations for assisted suicide has run [out] but the prosecutors can charge you with just about anything. There is no statute of limitation for murder, for manslaughter, probably certain drug offenses.”

Nice drama, there, but as I noted before, it’s doubtful that anyone could prove these deaths were suicides or homicides at this stage, even if law enforcement was inclined to do more than yawn about the allegations he’s leveled against himself. Michael Phelps stands a far more significant chance of dealing with the wrong end of law enforcement than West does.

According to the book excerpt on the site, Wells’ relationship with his father was strained, due to his father’s long-term philandering, culminating with introducing an illegitimate son at gatherings of friends and family over the last two years or so of his life. Wells’ father had been diagnosed with cancer – according to Wells it was in an advanced state and he’d been given a prognosis of less than six months to live. Neither the story nor the excerpt make clear the nature or the extent of the “help” he rendered his father. According to Wells, the alleged suicide has been kept a secret – even from Wells’ mother.

In the same timeframe, Wells’ mother had been diagnosed with alzheimers. Admittedly depressed over the loss of her husband and the road ahead of her, she asked Wells for the same “assistance” given the father – assistance she knew nothing about.

Here’s one place the GMA brainiacs obviously glossed over the obvious. As someone recently diagnosed with alzheimer’s, Wells’ mother’s death was years away – far from a conventional definition of “terminally ill.”

They blow it here, too:

Assisted suicide, even if intended as an act of mercy, is still considered a crime in most states. Oregon and Washington have legalized it, and a Montana judge’s decision to do so is under appeal.

But even in those states, physicians, not family members, are authorized to help carry out the act, by prescribing a dose of lethal pills to terminally ill patients who have been counseled and who have, in some cases, undergone psychiatric evaluations.

First, Oregon is the only state in which legal assisted suicides have actually occurred. Second, as readers of this blog know, psychiatric evaluations in Oregon have become nonexistent and a major study indicates that people with clinical depression have been given lethal doses.

Finally, West gives this as the motivation for writing his book (nothing about money, notoriety or speaking gigs, oddly enough):

West said he wrote “The Last Goodnights” hoping that it will spur debate about assisted suicide laws.

“I’m saying I don’t want you to ever have to do what I did and don’t break the law but change the law,” he said. “The law needs to be changed.”

Again, the ABC robots fail to challenge an obvious flaw in his logic here. His mother, even by his own account, wouldn’t have been “eligible” for assisted suicide in either Oregon or Washington. What will happen in Montana is anyone’s guess. Maybe the law West is advocating for is the one that’s been introduced in New Hampshire, that defines “terminally ill” so widely that his mother or anyone else with a serious disability or condition would “qualify” for assistance in offing themselves.

Maybe they’ll clarify some of this when ABC does the made-for-TV-movie. –Stephen Drake