"Can't do it not in the state of Ohio.". William Husel and. Though convicted, both Golsby and Smith were spared the death penalty, which goes in the win column for Menashe, a fiercely anti-capital punishment lawyer who makes no bones about the fact that saving livesshes worked on more than 35 capital casesis often the measure of success in death penalty defense work. In one of the largest murder cases in Ohio history, William Husel is accused of killing 14 critically ill patients over three and a half years by prescribing them what prosecutors described as. The first alleged murder was said to have begun on February 10, 2015, when a patient was administered 400 micrograms of fentanyl. Tyack called Menashe a talented trial lawyer who did what she had to. COLUMBUS, Ohio An attorney for Dr. William Husel wants his client's deposition sealed - arguing if the details of what he told patients' attorneys . So it's my burden as a physician and number one, approach the family and describe how sick they really are. Asked about her cross examination of Allison, Menashe says her intent wasnt to attack her, but to expose what she felt was a bias because of the wrongful death lawsuit. That November, former Ohio 10th District Court of Appeals Judge Gary Tyack, a Democrat, ousted the Republican OBrien, the longest-serving prosecutor in Franklin County history. "This is a reasonable inference to make, and it was reasonable for the prosecutor to rely on this inference, especially since there was no other evidence of intent.". Franklin County Assistant Prosecutor Janet Grubb read. Mid-trial, Menashe and Gatterdam filed a motion with federal judge Gregory Frost requesting the officers not wear uniforms to court, though that didnt stop cops from lining Marconi Boulevard with cruisers. In the end they compromised. There was no momentum in that case until we began, Menashe says. But he said the doctor chose to give her a medication that gave her no chance of coming back., I didnt know he did it. Former doctor William Husel hugs his wife, Mariah Baird, after he was found not guilty on 14 counts of murder on Wednesday in connection with fentanyl overdose deaths of former patients in. "When it comes to palliative care, there are no maximum ranges. She was also one of several family members of Husel's alleged victims asked to testify by prosecutors as they laid out their case that Husel purposefully . Husel's defense attorney Jose Baez said in his opening statement that Husel prescribed the fentanyl in an effort to relieve his patients from pain and that he did not commit murder. Dr. William Husel, whose medical license was suspended in 2019, has pleaded not guilty to the charges. "I cared for my patients," he says. William Scott Husel was born on November 11, 1975. The true hero, he said, was Hurst. Buker objected, as she would twice more as Menashe pressed her point. Mount Carmel hospital system that listed possible "villains" in the deaths of the patients and seemed to list Dr. Husel as their primary . [35], On March 30, the defense called anesthesiology and intensive care specialist Joel Zivot as a witness. It put everyone at ease. Closing arguments occurred on Monday, April 11. Anna, Luka's mother, was very worried about the sanitation and hygiene. Hospital officials added that the case was not isolated; some 26 other patients were similarly prescribed excessive or lethal doses of the powerful opioid, according to court documents. There is no such thing as a medical murder case. "I felt that the doses were appropriate for the patients. According to the court documents filed by the estate of Janet Kavanaugh, on Dec. 11, 2017, Husel ordered 1000 micrograms of fentanyl be administered to Kavanaugh. "The prosecution's case on intent hinged on the circumstantial evidence that the amount of fentanyl administered was so high that the only possible explanation was that Husel intended to kill the patients," Ric Simmons, a former prosecutor who teaches criminal law at Ohio State University, said. Bonnie Austin, 64, died at the Columbus hospital after Dr. William Husel ordered excessive doses of fentanyl and Versed. This story is from the August 2022 issue of Columbus Monthly. Mount Carmel then contacted the State Medical Board of Ohio, meeting with the Franklin County prosecutor on the same day. How other people live, and the circumstances they survived to be where they are, is to me the greatest part about criminal defense, she says. 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[11] In her opening statement, Assistant Franklin County Prosecutor Janet Grubb told the jury that Husel prescribed "unwarranted and unprecedented" dosages of fentanyl, more than was medically necessary to ease pain, and that his actions caused the patients' deaths. He goes by Eric Clinton Kirk Newman in real life. William Husel was exercising compassion to his patients and tried to free them of pain and let their last moments on Earth be ones of peace.. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. She leaves no stone unturned, says Algenon Marbley, U.S. District Court judge. Dr. William Husel allegedly ordered excessive doses of fentanyl to speed the end of patients' lives. [48], On April 20, 2022, the jury found Husel not guilty on all charges. "If you have a good, frank discussion with a patient and their family and document it well and consult with a colleague," Cohen said, "then it's very unlikely you're going to be prosecuted for any medical decision you make.". It was not investigated seriously until November 19, 2018, when they broadened their investigation, noting the death of Rebecca Walls and an abnormally high dosage of fentanyl. ", "At Mount Carmel, they didn't have any policy or protocol for dosage," he continues. On the surface, Menashes backgroundwouldnt suggest a future defending people accused of some of the most horrific crimes imaginable. One patient received a dosage 20 times higher. Dr. William Husel, center, sits between. Two days later, the hospital notifies the Ohio Boards of Pharmacy . Graduating in 1994, he attended Wheeling Jesuit College . Cohen said a guilty verdict could have had a chilling effect on how doctors treat their patients, and perhaps leave some to act more cautiously than they might otherwise to the detriment of their patients because they don't want to be criminally charged. Now, more than 13 months after that deadly dose was discovered, the hospital admits it was just one of at least 27 cases on Husels watch. Menashe was a veteran of such moments when a clients life might depend on the questions she asked over the next several minutes. At Ice Miller, Menashe has also spearheaded a pro bono initiative in which dozens of attorneys for six major Columbus law firms petition for early release for inmates near the end of their sentences, and organized a project to measure the impact of race on Cuyahoga County death penalty cases from 1994 to 2000. The charges against the doctor made headlines from the moment former Franklin County Prosecutor Ron OBrien announced an investigation with regard to conduct bya medicalemployee at Mount Carmel on Jan. 14, 2019. Dr. William Husel during his murder trial on February 22, 2022. Husel is accused. Judge Michael Holbrook ordered them to continue working to reach a verdict. Oxford says that body weight, age, and previous use of opioids are factored into the deadly dose equation: The lethal dose for a small child or a 100-pound woman will be significantly smaller than the lethal dose for a 300-pound man. Fentanyl is 50 to 100 times more potent than morphine.. "Was this really murder or was it palliative care within the discretion of how to treat my patient that unfortunately had consequences that can include death?". After receiving 1,000 micrograms of fentanyl while being removed from a ventilator, Joanne died, according wrongful death lawsuitfiled by Albert in January 2019. Mount Carmel Health System accused Husel of all 34, though 6 of the deaths were not believed to be a result of Husel's prescribing by authorities. And I was like, 'How could they twist this around and charge me with murder? The trial, which attorneys have said could last at least eight weeks, is expected to resume Monday at 9 a.m. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. My intent was that she would not feel herself suffocate to death when she was removed from the ventilator, Bourke said. Benza said. Dr. William Husel is a family man, who resides with his third wife, Mariah Baird, and two of their kids. At the heart of their argument: The majority of the 14 patients were given 10 times the amount of fentanyl that would be the norm in a nonsurgical hospital setting, according to medical experts. Originally, Husel was investigated for a total of 35 patient deaths that occurred under his care. A month later, the jury found Husel not guilty on all 14 counts, ending more than three years of criminal prosecution. Youre standing here alive because of your lawyers.. Barbara J. Perenic / The Columbus Dispatch/Pool via AP file. COLUMBUS, Ohio ( WCMH) The murder trial against former Mount Carmel West Dr. William Husel ended Thursday for the week with testimony from a former Mount Carmel West nurse and three family. After graduation and moving to Columbus, Menashe also coached the combined Westerville North and South girls team, who rowed on Hoover Reservoir. At the time, Albert thought nothing of it, but he later discovered that it was a 1,000-microgram dose of fentanyl. In the mid-1990s, Husel continued his education at Ohio State University, graduating with a degree in . Husel, 46, had been accused of killing at least 14 of his patients at Ohio's Mount Carmel Hospital with overdoses of fentanyl -- in some cases, doses that were up to 10 times higher than what some experts said was the typical palliative amount. The action you just performed triggered the security solution. As a jury deliberated his fate, Dr. William Husel sat in the living room of his attorney's Columbus, Ohio, AirBnb, unsure of whether he would soon become a convicted murderer or a free man. According to his Wikipedia, the 46 years of doctor was born on November 11, 1975, in Cleveland, Ohio. On this Wikipedia the language links are at the top of the page across from the article title. Lamb said that after an internal investigation over the course of his five years at the hospital, Husel ordered significantly excessive and potentially fatal doses of pain medication for at least 27 patients who were near death.. [12][13][14][15] The State's second witness, pharmacist Talon Schroyerwho had previously worked the night shift at Mount Carmeltestified on February 23 that he thought Husel's fentanyl orders were unusual but was unsure if they might be a result of possible drug diversion. The patients were treated by Husel, who worked a late-night shift, from 2015 to 2018. [44] During the defense's closing argument, Baez claimed that prosecutors had selectively presented certain details that were helpful to their case and withheld details that were favorable to Husel. On each of nurses three requests to switch Timmons code status to do not resuscitate, Marshall refused. The former Ohio doctor was charged with 25 counts of murder for allegedly. Husel is a Doctor of Osteopathic Medicine, a D.O., not an M.D., though the two are the same in terms of certification to practice, though training and philosophy may differ. In court, Baez steadfastly maintained that Husel was administering the drug simply to alleviate the patients' pain. "It was the day before Thanksgiving, 2018," he says. Joining the list of relatives who testified was Geraldine Brown, the partner of Brandy McDonald's mother. Prosecutors and defense attorneys argued about whether certain testimony relied on privileged information. Your California Privacy Rights / Privacy Policy. "It's up to the physician, at his discretion, to manage the symptom at end of life.". She continued that focus at Tulane Law School. The investigation though appears to have come only after it admitted in December of 2017 that Husel gave a fatal dose of fentanyl to a dying woman. Bourke said she administered the fentanyl because she anticipated the palliative extubation to be incredibly distressing and horrible for McDonald. Fred Squillante / AP Husel's attorneys. Lamb says that the hospital works with families to help dying patients: We believe in helping patients near death die peacefully, he said. Three children were killed by euthanasia in 2016/2017. But for the jury to convict Husel, the prosecution needed to prove beyond a reasonable doubt that he intended to hasten his patients' death when he ordered the fentanyl. COLUMBUS, Ohio (WSYX) Two family members and a prosecution expert testified Monday in the William Husel murder trial. Husel, 46, had been accused of killing at least 14 of his patients at Ohio's Mount Carmel Hospital with overdoses of fentanyl -- in some cases, doses that were up to 10 times higher than what some experts said was the typical palliative amount. At the hospital, at around 7:30 p.m., she was placed on life support and moved to the ICU when Husel said she was brain-dead and no machine would bring her back. He called Husel a joker.. Shes tireless, says defense attorney Kort Gatterdam, whos partnered with her several times over the years. You have a vested interest in this casedo you not? Menashe said. Representing Lawrence taught Menashe the value of having a thick skin, a trait that came in handy after she took on two of the highest-profile cases of her careerthe back-to-back 2018 and 2019 trials of Brian Golsby, accused of raping and killing 21-year-old Ohio State University student Reagan Tokes after abducting her in the Short North; and of Quentin Smith, who shot and killed Westerville police officers Eric Joering and Anthony Morelli as they answered a 911 domestic violence call from Smiths wife. MCH Big firms had come calling after the Golsby and Smith trials, interested in bringing her aboard to boost their trial attorney divisions. I always can say to my clients with real conviction, that when its your day, the rest of my world will stop, and youll get everything.. After sparring over the lawsuit, Menashe went after a discrepancy in Allisons earlier testimony, when she described being with her husband for 18 years. Bonnie Austin, 64, died at the Columbus hospital after Dr. William Husel ordered excessive doses of fentanyl the Columbus Dispatch described on its YouTube video of an interview with David Austin. He said he did not want Joanne to be in pain during the extubation but felt as though his desire, as a Catholic, to allow her to have a natural death without any outside influence was not met. In 2006, she and Gatterdam represented Daryl Lawrence, who shot and killed Bryan Hurst, an off-duty Columbus police officer on special duty, as Lawrence attempted to rob Fifth Third Bank at 6265 E. Broad St. The prosecution allowed the defense to use a lay person who was clearly out of their element as a punching bag, Leeseberg says. As Mount Carmel staff prepared for Joannes extubation, a doctor administered what he told Albert was comfort medicine, Albert testified. We gathered around and said prayers, asked God to take her, Albert said. Cohen said medical professionals are entrusted to do no harm, and typically, they can be held accountable by their employers and licensing boards or civilly through malpractice lawsuits. Husel, 46, has pleaded not guilty to murder charges in the deaths of 14 ICU patients who were under his care at the former Mount Carmel West from 2015 to 2018. The next day, she began boning up on the Dodd-Frank Act for a tax trial she was litigating for the city of Marion, Indiana, in just a matter of days. I do think hopefully that part of the look-back on me is my resilience, she says. Magnatto's mother is Anna Yourkin, and his father is Donald Newman. The American Osteopathic Association says DOs, are fully licensed physicians who practice in all areas of medicine. William Husel sits during his trial Monday, Feb. 28, 2022, in Columbus, Ohio. Menashe wasnt a big fan of Baezs decision to spend time attacking Project Lighthouse, Mount Carmels considered but never implemented plan to manage the publicity around the Husel case. His medical license was officially revoked on May 5, 2022.[50]. Christine Allison, Troy Allison's widow, was called to the stand first.. Former Mount Carmel Health systems doctor William Husel walked out of the Franklin County Common Pleas Courthouse on Wednesday a free man. During both trials, Menashe received so many death threats she had to request police officers respond to her house and office, where she worried about walking to her car after dark. Jan. 29, 2019: Mount Carmel says 23 employees have been placed on administrative leave, including members of its management team. PEOPLE's 2011 Cover Story: Could Casey Anthony Go Free. They are finally relieved and can breathe a sigh of relief after Husel is ruled not guilty at his final hearing. Such amounts were not typical at Mount Carmel Health System in Columbus where Husel worked, so much so that in 2018, two hospital pharmacists reported their concernsto supervisors and the hospital contacted local authorities as well as the patients' families. "How much proof did the government really have?" "They've been through a difficult situation. After opening statements, prosecutors called their first witness, Columbus police detective Bill Gillette. According to state records, Husel still has his license and has faced no board actions. I understand that they're suffering and I do feel for them.". During closing arguments, Assistant Franklin County Prosecutor David Zeyen told the jury that it didn't matter that most of these patients were already dying or near death in the intensive care unit when Husel decided to prescribe them what can be considered deadly amounts of fentanyl. Prosecutors Janet Grubb and David Zeyen at the trial of William Husel in Columbus, Ohio, on Feb. 22. Informing the State of Ohio Board of Nursing, Ohio state police became involved with the case not long thereafter on January 15, 2019. Husel did not comment after his acquittal, and he and his former employer are still facing nearly a dozencivil suits from family members of patients. "The last three-and-a-half years, we've had this weight that's been on our chest," he says. One thing was clear by the end, however: Menashe had won over jurors with her approach. After multiple delays, the trial finally got underway in February of this year with Menashe joining lead attorney Jose Baez, a high-profile, Florida-based defense lawyer known for winning acquittals in the sensational murder cases of Casey Anthony and Aaron Hernandez. "And finally, it's going to come off. In the mid-1990s, Husel continued his education at Ohio State University, graduating with a degree in microbiology in 2000. After having his license suspended and being charged with 25 counts of murder, Husel turned himself in to authorities on June 5, 2019. Ely, a professor of medicine at Vanderbilt University and pulmonary and critical care medicine specialist, testified at the start of the trial that Timmons, who had substance abuse disorder which led to compartment syndrome, could have survived had he not received the 1,000-microgram dose of fentanyl. Soon, Husel learned that he was the subject of an ongoing criminal investigation and was suspected of being one of the most prolific serial killers in Ohio history. Albert Bellisari was among them, and he testified Thursday about the death of his 69-year-old younger sister Joanne Bellisari, who died in May 2015 while under Husels care. After an extensive trial, Husel was found not guilty on all counts on April 20, 2022.[4]. We just worked extremely well together, but that doesnt mean that we didnt have our bumps in the road.. ", Before the verdict, Husel sat down with PEOPLE to discuss the case and to maintain his innocence. Though some thought Menashes approach was savage, Massey said, it was also around this time that jurors started discounting family member testimony. "I had nurses and chaplains with me during these discussions and they backed up how sick these patients really were and what the family decisions were at that time.". In what constitutes spare time for the always busy attorney, she also defended protesters arrested during the citys 2020 racial injustice rallies. He reiterated that Husel was a well liked and respected physician by his colleagues. CLEVELAND, Ohio - The Cleveland Clinic has finished its investigation into former resident Dr. William Husel, who has been accused of prescribing excessive doses of pain medication in a. Ap Husel & # x27 ; s attorneys pressed her point defense attorneys about! Same day she would twice more as Menashe pressed her point was removed from the ventilator, Bourke.... Detective Bill Gillette three-and-a-half years, we 've had this weight that 's been on our chest, he! Ap Husel & # x27 ; s mother is anna Yourkin, and father... With 25 counts of murder for allegedly rowed on Hoover Reservoir Ohio Boards of Pharmacy the American Osteopathic says! And hygiene always busy attorney, she also defended protesters arrested during the citys racial! 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