from our blog: living with dying |
Twist, Turns, & Inaction in the Saga of the Final Exit Network
At the Death with Dignity National Center, we have been intrigued by the on-going saga of state authorities in Georgia and Arizona versus Final Exit Network members who were arrested over a year ago. The splashy arrests and media coverage depicting a swarm of federal agents arresting an 81 year old doctor in Baltimore and threats of RICO (Racketeer Influenced and Corrupt Organizations) charges traditionally reserved for gangsters and drug smugglers have made for compelling drama. But, the true story is the inaction of authorities.
It has been over a year since the Georgia Bureau of Investigation arrested four members of the Final Exit Network and conducted raids around the country on the organization’s office and homes of key members of the Network. The arrests came after an eight month covert investigation into the practices of the organization, and the four were arrested on allegations of assisting in the suicide of John Celmer. Arrested were the then President of the Network, Thomas “Ted” Goodwin, and Claire Blehr, who allegedly were present at the death of Celmer. Also arrested were the group’s medical director and another member, Dr. Lawrence Egbert and Nicholas Alan Sheridan. The four were indicted by a grand jury March, 2010, a full year after their arrests.
Georgia authorities froze the financial resources of the organization in February, 2009, after the arrests and threatened action under the Georgia RICO Act. Georgia authorities released the financial resources last year after a judge ruled that there was no legal basis for the state of Georgia to continue to hold the funds.
A similar case in Arizona has seen more activity by authorities. In Arizona, four Network members are accused of assisting in the suicide of Jana Van Voorhis in 2007. In January of this year, one of the accused, a volunteer named Wye Hale-Rowe, agreed to testify against the three other defendants in a plea agreement. No further actions have been taken against the other three since Hale-Rowe’s plea agreement.
Both cases revolve around state bans on “assisting suicide,” and Final Exit Network contends that its members did not break state law in either case. Arizona law forbids “intentional aiding” in another’s suicide, but the concepts behind “aiding” are not clearly defined. There has not been a prosecution under this statute in Arizona. Georgia’s law is more specific, defining intentionally and actively assisting as “direct and physical involvement, intention or participation in the act of suicide,” but this law, too, is untested.
Final Exit Network launched a “Liberty Fund” campaign to raise funds to defend its members and successfully argued in Georgia Court that its financial resources should be freed from the seizure. The organization will continue to defend its members in Georgia and Arizona in these closely watched cases. Newsweek.com recently covered this issue in more detail than space allows here. Read full Newsweek.com story.
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The greatest human freedom is to live, and die, according to one's own desires and beliefs. From advance directives to physician-assisted dying, death with dignity is a movement to provide options for the dying to control their own end-of-life care.
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