Dr. Kevorkian Breaks His Silence After Five Years in Prison without a Word to the Outside World

Editors Note: Two months ago Northern Express contributing writer Rick
Coates wrote a letter to Dr. Jack Kevorkian, who is currently imprisoned at
the Thumb Correctional Facility in Lapeer. The letter was forwarded to Ruth Holmes, who handles Kevorkian‘s correspondence; it included Kevorkian‘s permission for Holmes to cooperate with Coates.
Media access to prisoners in Michigan is restricted. While Coates was unable to interview Kevorkian in person or by phone, he received responses to questions through Holmes who speaks with Kevorkian daily. In addition, *60 Minutes* anchor Mike Wallace agreed to an interview with Coates, as did Kevorkian attorney Mayer
Morganroth and Kevorkian biographer Harry Wylie. Coates was also sent an
advance copy of Kevorkian‘s new book. This is the first in a two-part series
on Dr. Jack Kevorkian.
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By Rick Coates

Had it not been for the videotaped death of Thomas Youck, broadcast nationally on the CBS program *60 Minutes* in November 1998, would Dr. Jack Kevorkian still be alive in the press and public eye today? How many more terminally ill persons would have called upon the man who became known as “Dr. Death“ to end their pain and suffering? If prison walls were not holding him back, would his fight for physician-assisted suicide be any closer to bringing the country to legalizing euthanasia?
For now, the requests for assistance go unanswered, like many of the thousands of letters sent to Kevorkian at his current address -- Prisoner #284797, Thumb Correctional Facility, Lapeer, Michigan. In fact, very few persons from the outside have had direct contact with Kevorkian over the past five years. Correctional policies currently prohibit face-to-face media interviews, not only with Kevorkian but with all prisoners, so his cause has been virtually silenced by the lack of recent media attention.
Mike Wallace, the *60 Minutes* anchor, who aired the video that ultimately led
to Kevorkian‘s imprsionment, is preturbed by his lack of access to Kevorkian.
In a letter to the *New York Review of Books* in 2001, Wallace wrote about
the irony of Kevorkian being silenced while mass-murderer Timothy McVeigh was
allowed to make all the statements he wanted to the media.

WALL OF SILENCE
“I would like to do something on Dr. Kevorkian but it depends upon what the
disposition of the corrections commissioner and the governor are,“ said Wallace from his New York office. “They have kept me from seeing him for now.“
During the 1990s, the period in which Dr. Kevorkian was publicly vocal about
his stance on patients‘ rights and actually performed assisted suicides, his name was practically a daily fixture in the headlines, editorials and broadcasts. In fact, during the ‘90s only President Clinton had greater name recognition in the country.
Locally, he made headlines for assisting Leland resident Stanley Ball in committing suicide ten years ago this past February. Ball had terminal cancer and is listed by media accounts as the 10th patient Kevorkian assisted in ending a life.
So what has the past five years been like for this man of such noted controversy?
“Prison life has been tough on Jack,“ said friend Sarah Holmes. “It is tough
on everyone, but he was 70 when he went in. His health has deteriorated and those of us close to him fear that his sentence of 10 to 25 years might actually be life unless it is overturned.“
Holmes and her mother Ruth befriended Kevorkian while Ruth served as a legal assistant and handwriting analyst for Kevorkian‘s legal team headed up in the early 1990s by attorney Geoffrey Fieger. The two women are among the top handwriting experts in the United States. Kevorkian eventually moved into their home five months prior to his conviction in March of 1999.

SEEKING REFUGE
“He called me about 10 p.m. one night and said he needed to come over for a cup of coffee,“ said Ruth Holmes. “He showed up with a small bag and I knew he needed a place to stay. CBS had been running promotional clips of the upcoming *60 Minutes* program and the media had invaded Jack‘s home. He needed a refuge and we were grateful he found it with us.“
Now his friends offer consolation at his place of forced asylum, which today is a 6-by-10-foot prison cell in Lapeer, his eighth different prison facility since being sentenced five years ago. Many thought Kevorkian, now 75, would never last in the harsh prison conditions. Kevorkian, his friends and current attorney Mayer Morganroth were told that his incarceration would be at a minimal-security federal prison. Instead Kevorkian was sent to Jackson prison. He also spent time in correctional facilities in Manistee and in the Upper Peninsula.
What does he miss most about losing his freedom?
“The ability to compose music,“ said Kevorkian. “I would really like a good cup of coffee and a good doughnut.“
Both Ruth and Sarah pointed out that Kevorkian does not have access to a keyboard, so he has not composed music. Nor does he have privileges granting adequate materials for conducting research, and this frustrates him greatly.
“He loves to do research, but in prison resources are limited,“ said Holmes. “He does listen to National Public Radio and he reads a lot. We order books for him from Amazon.com.“ (Prison policies prevent prisoners from receiving gifts and books from the general public, but they are allowed to receive them from the publishers.)

THOUSANDS OF LETTERS
Kevorkian also spends some of his days answering letters. He has received
thousands and thousands of letters from all over the world. The letters are archived at Ruth‘s home and will someday be compiled and included in a book.
He has also kept busy writing a book, which was just released on March 1.
The book, titled “glimmerIQs“ is an anthology of Kevorkian‘s writings and includes chapters on the current situation in the United States and the world; insights on life and death, ethics, science, religion, philosophy, music, art, humor and even weight control. Kevorkian also wrote many pointed limericks in the book.
“I understand that Dr. Kevorkian released a book and I am waiting to receive a copy of it,“ said Mike Wallace. “I came to know that Kevorkian is a very compassionate person, but what truly surprised me as I got to know him is that he fluently speaks five languages including Japanese, and is an accomplished musician. He really is a remarkable person.“
Ruth Holmes echoes Wallace sentiment:
“His imprisonment is such a waste,“ she said. “Dr. Kevorkian is one of the
most intelligent people I have ever met. He has contributed so much to the betterment of mankind, beyond his work to bring acceptance to the physician-assisted suicide issue.“
Even while imprisoned, the medical community has called upon Dr. Kevorkian‘s
expertise.
“Last August he was an expert witness called to give a deposition on the effects of mercury on human tissue based on his early research and writings on this subject,“ said Ruth. “In 2002 he was nominated for the Nobel Peace Prize. In April 2000 he was awarded The Gleitsman Citizen Activist of the Year Award by The Gleitsman Foundation and received $50,000 for his legal defense trust fund.“

FREEDOM‘S PROMISE
If freed today would Kevorkian return to assisting in suicides?
“I have said ‘no‘ and have signed a legal affidavit stating so,“ said Kevorkian. “What I would like to do upon my release is travel to Armenia (Kevorkian is Armenian) as a tourist and assist in the relief effort of victims over there. In addition I would like to visit with my sister who lives in Germany.“
Is there a possibility that Kevorkian will have his conviction overturned or
at least be granted early parole?
We are actually in the 6th Court of Appeals in Cincinnati awaiting a decision from them to accept our appeal of Writ of Habeas Corpus (unlawful imprisonment),“ said his attorney, Mayer Morganroth. “Once we conclude our procedure in the 6th Circuit, they will either grant our appeal or remand it back to the state courts and reverse the conviction or they will deny it and then we are off to the United States Supreme Court.“
Morganroth has practices in Detroit and New York City and made a name for himself by successfully representing maverick car-maker John Deloren. Morganroth has
many high profile clients but shies away from the media spotlight. He remains confident that Kevorkian will eventually be freed on appeal.
“I filed for commutation of sentence and early parole with the governor‘s
office,“ said Morganroth. “I think Granholm would have went for it but the parole board, which are people appointed by the Engler Administration, voted against it.“ He adds that the governor has the option to grant early parole or shorten a sentence, but a letter said the request had been denied, based on the recommendations of the parole board.
“Interestingly the parole board had no hearing and didn‘t send us any objections, just the letter.“

A THREAT?
One must wonder how much of a threat Kevorkian is to society. When he was convicted of second-degree murder in March of 1999, the judge allowed him to return home for three weeks until his sentencing on April 13. Does the State often allow second-degree murders to roam the streets until they are sentenced?
Many believe that the trial was not fair to begin with and that several procedural errors took place. In Morganroth‘s opinion, Kevorkian‘s 5th Amendment rights were violated.
“The prosecutor repeatedly -- in fact 13 times -- told the jury that Kevorkian
could‘ve taken the stand. If you say that just once, any other case is reversed. Because essentially you are telling the jury that if the accused doesn‘t take the stand they should be condemned for it, when in reality it is one‘s 5th Amendment right not to take the stand, said Morganroth.
“Essentially the prosecutor was implying to the jury that Kevorkian was
guilty because he didn‘t take the stand. I have never seen a prosecutor get
by saying it once let alone 13 times. The first and second times he said it
the court admonished the prosecutor for it pointing at the prosecutor,
waiving her hand at him and eventually dropping her head into her hands as
he continued to do it.“

DROP THE CHARGE
In another ironic turn, Kevorkian‘s attorney asked that the assisted suicide
charge be dropped. The judge refused, stating that it would limit Kevorkian‘s defense because he would not be allowed to bring in allegations of pain and suffering as part of his defense in the second-degree murder charge.
In that trials are like games of chess, the defense set themselves up for checkmate and the prosecutor went in for the kill. Prosecutors have the right to
determine what they will and won‘t charge the defendant with, and in this
case they dropped the assisted suicide charges. This resulted in limiting
Kevorkian‘s witnesses and defense strategy, allowing the prosecution to successfully
convict on the second-degree murder charge.
By the time Kevorkian realized he had erred with his youthful, inexperienced
legal team, it was too late.
“Jack grabbed me during his trial as I was headed for another case and asked
for my help, but it was too late for me to do anything for him,“ said Morganroth. “I assisted on the four previous cases with Fieger, but I don‘t solicit cases. When Fieger was not retained I was out as well. The day that the case was going to the jury I was in the courtroom next door and I poked my head in to wish Jack good luck. I was told about what had happened and at that point, I went ballistic. Had his attorneys objected, his case would have been set aside right there. So I took over from there.“

POLITICAL PRISONER?
From there has meant what now has become a five-year process for Morganroth
and other close supporters of Kevorkian who have worked somewhat silently, without media attention, to free Kevorkian. They believe his imprisonment goes beyond enforcement of Michigan law.
“He is somewhat a political prisoner and even though 80 percent of the public is in his corner, a great deal of governmental and judicial people are not,“ said Morganroth.
Since his imprisonment and lack of access by the media, especially by Wallace
and Barbara Walters, both of whom have expressed an interest in interviewing
Kevorkian, the debate over assisted suicide has quieted. Yet, have the major
media outlets taken legal action to gain access?
“I think it is true that by limiting access to him it has diminished the
spotlight on assisted suicide, I cannot understand why a reporter cannot see
him or talk to him,“ said Wallace. “To my knowledge we (*60 Minutes*) have not
taken legal action because I believe ABC took it and they lost.“
While the State may restrict access, media interest in Kevorkian will probably increase with the release of his new book and a biography due out in the coming months. There‘sa also a movie on his life on the
horizon.
Harry Wylie, Kevorkian‘s friend and neighbor, has spent the past five years researching Kevorkian‘s biography. Last week he learned that the book would be published.
“I have just completed a biography on Jack Kevorkian, it is about 90,000
words and around 320 pages and a producer from Hollywood has expressed interest in the rights to make a movie or mini-series,“ said Wylie. “My wife and I are on his visitation list and we visit him monthly. We are also on his phone list and he calls every week.“

SENSE OF DISTANCE
Wylie recalls that when Kevorkian first moved next door he kept his
distance.
“Geoff Fieger owns the home next door to me and Kevorkian moved in. I was a supporter of his and believed in his cause, but I figured he needed space,“ said Wylie. “Eventually, we would have casual conversations that would lead to some pretty heated arguments. Jack loves to argue, so I purposely would take the other viewpoint. We became great friends and he joined my Thursday night poker group.“
Kevorkian must be a great poker player?
“No, actually he is terrible,“ said Wylie. “He can‘t lie, he has no poker
face. In fact he is the most honest person I know; few have such integrity
as he does.“
It is that sense of honesty that contributed to Kevorkian ending up in prison.
He had escaped conviction four times prior to his murder conviction in 1999.
He attributed his acquittals to “legal trickery“ by his flamboyant attorney
Geoff Fieger.
Kevorkian was never interested in gaining freedom as a result of courtroom
shenanigans. Rather, he desired social and legal change to what he and many
others believe is a personal right to have control over one‘s body -- to the
point to even determine when one wants to end life.
“I wanted to force the issues and the political route is one way, but I chose
the courts because inevitably the Supreme Court must rule on this,“ said
Kevorkian. “They must put an end to this issue once and for all or at least
for some period in the near future.“

SUPREME HEARING
Since being imprisoned, Kevorkian has written a four-page letter on the
issue of medical euthanasia “seeking clarification of its relation to rights
and laws,“ and sent it to all of nine justices of the Supreme Court. While
the court in 1997 said they would hear the debate and have acknowledged
receiving Kevorkian‘s letter from 2000 they have not taken action and have
not said when and if they would take any.
Why hasn‘t the movement for euthanasia gained more ground on the legal
front? After all, evidence suggests that is goes on. In fact, one survey of
doctors showed that one in five physicians have assisted a patient in dying.
Documentary film producers Arthur Armin and Anna Terean made a film in 2003
titled *The Mock Trial Of Dr. Kevorkian: The Right to Exit.* The film
supports Morganroth‘s claims of trial errors and goes a step further by
getting the Oakland County Prosecutor to admit that acts of euthanasia happen
all the time “They do it everyday. I can tell you the hospital five miles
from here does it, right now...“

Next week, more from Kevorkian, including the current status of euthanasia
and how history will eventually view him.

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