Catching Up – Montana Judge Rules Assisted Suicide a Constitutional Right

Earlier this month, a Montana District Court Judge ruled that “terminally ill” patients have a right to assisted suicide under that state’s constitution. Judge Dorothy McCarter dismissed the arguments that this was a legislative matter, and suggested that “terminally ill” and “competent” can be easily defined in terms of figuring out how to implement this “right.”

The Attorney General in Montana has asked Judge McCarter to put her ruling on hold while his office prepares and files a formal appeal to the ruling with the Montana Supreme Court.

Not Dead Yet intends to file an amicus brief in support of the expected appeal of the ruling by Judge McCarter. The legal team working on the brief – so far – is led by Steve Gold, with assistance from Robin Stephens.

We’re working with ADAPT/NDY activists in Montana on this – with Bob Liston and Marsha Katz playing leading roles.

As in the past, an amicus brief from NDY can be expected to present arguments that won’t be covered by other players.

Also, as in the past, we’ll be looking for sign-ons as the brief is readied and the time for filing nears.

More as this story develops. –Stephen Drake

Something Truly Vile – Please Add Your Voice at ICAD

Occasionally, this blog addresses issues that aren’t directly related to the NDY mainstays of life and death issues facing people with disabilities.

This is one of those times. As Dick Sobsey wrote said in an email to me, this news out of South Korea fits in the “truly vile” category. That means it calls for attention and action.

Briefly, four men have been convicted of repeatedly raping a sixteen-year old with developmental disabilities. The convicted are three of her uncles and her grandfather. News reports suggest the sexual assaults started when the girl was nine years old.

The four men have all been given suspended sentences.

But that isn’t the worst of it.

The judge’s rationale for giving them suspended sentences is that they’ll be needed to continue to provide care for the girl.

In case my wording wasn’t clear, the men are to be free to go home and continue to provide the “support” they’ve given this girl in the past.

The good news is that thousands of Koreans have responded with outrage and calls to impeach the judge.

Dick Sobsey at ICAD is trying to add a little international heat by having readers register their own feelings in a poll on the ICAD blog.

Please go there now and register your opinion on this issue – and read the links on the blog for more comprehensive discussion and news coverage. –Stephen Drake

Denver Post Article Blames “Autism” for Parents Killing Kids – Dick Sobsey Responds

Yesterday, the Denver Post published a truly horrible article by Nancy Lofholm titled Autism’s terrible toll: Parents risk hitting a “breaking point.”

In the context of this article “hitting a breaking point” means “murdering your child.” Your autistic child:

Jacob Grabe, 13, could sense a storm coming several days out. He would get agitated and make strange noises. Silverware bothered him. He could eat only from plastic forks and spoons. He breezed through complicated algebra but struggled with basic division.

Nearly three months ago, when his father, Allen, allegedly shot and killed him while he was sleeping, Jacob had been exhibiting these and many other symptoms of the mysterious disorder autism for most of his short life.

He had great difficulty making friends. He had trouble controlling outbursts. He had been shuffled from school to school. He had, in recent years, made some improvements with medications. But there is no cure for autism.

Friends of the family say Jacob’s father feared his son would never be able to live a normal life.

So Jacob became another statistic in a sad, pressure-cooker reality for families with autistic children.

I’ll be honest. I have trouble thinking straight when I read a vile “blame the victims” story like this. You’d think I’d be used to them by now.

(As added insult, btw, Lofholm lists Katie McCarron’s murder as one of several examples of murders that – I guess – we are supposed to attribute to the toll autism takes on families.)

Thankfully, Dick Sobsey is someone who can pull himself together better than I can, but even he had to calm down a bit before posting on this article. As usual, Dick is the best person I know at analyzing and deconstructing this kind of garbage. Unfortunately, he’s had a lot of practice.

So, please go read Dick Sobsey’s posts on this vile article on the ICAD blog:

Murder and Social Endorsement Part 1

Murder and Social Endorsement Part II

Update on Wagman Op-Ed — Concord Monitor picks it up

I hope this is the end of it, but today’s edition of the Concord Monitor carried Wagman’s essay, using the gentler, but less accurate title of “It’s time to pull out the tubes and allow my father to die.”

FYI – Unlike the LA Times, the Monitor provides a “comments” section for this op-ed.

Nothing there. So far.

LA Times: “Time for Dad to die” a really disturbing essay

Yesterday’s edition of the LA Times featured an op-ed by contributor and author Diana Wagman, titled “Time for Dad to die.”

The op-ed by Wagman is even worse than the title would lead one to believe.

The opening sentence of her piece gives us fair warning:

I love my 90-year-old father, and I wish he would die.

Wagman goes on to relate her father’s loss of some cognitive and physical abilities due to a series of strokes. Over time, he lost the ability to drive, walk his dog, do crossword puzzles or engage in the kind of spontaneous word play he valued. She also relates he was able to find some joy in things he could still do.

In October, her father had a massive stroke. He is currently in a hospital receiving acute care. By her own admission, her father isn’t in a vegetative state, but is asleep most of the time. He wakes briefly maybe a couple times a day and says two words to people (appropriate to the person and occasion).

The family is conflicted about what her father would want. He has an advance directive that says he wants no extraordinary measures. He relies on a feeding tube, which at least some in the family don’t regard as “extraordinary measures.”

And, of course, her father’s wife is facing new concerns as they face placement in a skilled nursing facility and the economic burdens that will place on her.

All of the above – except for that first sentence – is very familiar territory in the stories of families dealing with a severe health crisis and conflicting beliefs and emotions regarding what really is in a loved one’s best interests.

Wagman leaves the familiar territory – and invites readers to join her – with her closing statements in the essay:

The day before I returned to Los Angeles, I was alone with Dad. He never opened his eyes or even moved the entire day. I talked to him, read to him, held his good hand and stroked his great bald head. No response. The sun went down and the room took on that eerie hospital glow. I leaned over and whispered to my father that it was OK to stop fighting. I told him we all loved him and we would never forget him. I said it was time to die. It was not easy, and I cried.

The next morning on my way to the airport, I stopped by the hospital. The nurse said that earlier Dad had opened his eyes, looked right at her and said, “Good morning.” He was asleep again as I kissed him goodbye. I don’t want to be the one to remove the feeding tube, but I am not sorry I said what I did. It is time for him to go.

I know people who’ve worked with families in similar situations. According to some of them, it’s not uncommon for family members – feeling anger, hopelessness and frustration – to feel angry at the seriously ill person for not dying soon enough. Most people who feel these things have enough insight and self-awareness to seek out someone to talk to.

No one ever admits to actually saying it to a loved one.

While the feelings described in this essay may be pretty common, I’m led to believe that the actions and words described by Ms. Wagman are rare.

One wonders what kind of mindset leads to telling your father it’s “time to die” and then leave the city. Was she hoping he heard her? She certainly wants all of us to know she’s not sorry for telling him it’s time to die.

One also has to ask what the LA Times Op-ed editor was thinking in accepting this piece – glorifying what can most charitably called “dysfunctional behavior.”

One has to ask if it’s any coincidence that her father never roused himself out of his sleep for her final two visits, but was able to wake up and greet his nurse.

If Ms. Wagman was at my bedside, I’d pretend to sleep for as long as possible too. –Stephen Drake