Lawyers ask Schuylkill judge to dismiss 'assisted suicide' case
POTTSVILLE — A Schuylkill County judge is considering arguments to dismiss a criminal case against a Philadelphia nurse accused of helping her dying father commit suicide by handing him a bottle of morphine.
Judge Jacqueline Russell on Thursday issued no ruling from the bench after attorneys for the nurse, Barbara Mancini, and the state Attorney General's Office submitted arguments on whether evidence unavailable to the defense at an earlier hearing should be considered in the case.
Mancini, 57, is charged with aiding or assisting suicide in a case that garnered national attention. A slim, silver-haired woman, Mancini and others in the case are under a gag order.
“I cannot say anything about the case. I'm trying to tread carefully,” she said before the hearing. “It's been a terrible year for us. It's been difficult.”
She is on unpaid leave from a hospital she declined to name and wants to work again.
Her case has reignited debate over how and when terminally ill people can be assisted in ending their lives.
Mancini in February handed liquid morphine, prescribed by a physician for pain, to her father, who had heart disease, diabetes, stage 3 kidney disease and other complications, according to court documents.
Joe Yourshaw, 93, had signed directives that he did not want life-prolonging efforts. He wanted to die in his Pottsville home. He gave his daughter medical decision-making authority. He was under in-home hospice care, defense documents state.
Mancini is charged with a second-degree felony, potentially punishable by up to 10 years, although prison time is unlikely.
She is free on bond.
On Feb. 7, Mancini gave Yourshaw the morphine for pain relief at his request, Mancini's attorney contends.
Yourshaw had access to the morphine, and hospice expected the family to administer it, her attorneys say. He could open the bottle himself. He died in a hospital four days later.
“If Mrs. Mancini didn't hand him the bottle, he was perfectly capable of retrieving the bottle and consuming it himself,” attorney Frederick Fanelli of Pottsville said in court documents.
A visiting hospice nurse called an ambulance, even though Mancini said her father did not want resuscitation. At the hospital, medical personnel gave him a drug to reverse the effects of morphine, Mancini's defense argues.
Yourshaw recovered and began talking to people in the hospital, defense documents state.
He was given morphine again in the hospital and died there on Feb. 11.
A coroner ruled Yourshaw died from toxic levels of morphine.
Attorney General Kathleen Kane's office is prosecuting Mancini because the county district attorney declared a conflict of interest.
Pottsville police Capt. Steve Durkin testified at an August preliminary hearing that Mancini told him that her father wanted to die and she gave him the morphine.
No evidence links the morphine Yourshaw ingested at home to his death, Fanelli argued. Mancini didn't counsel her father to take it, nor did she open the bottle for him, Fanelli contended.
There's no evidence Mancini knew the dose was potentially fatal, court papers state.
The law is vague, and it is not clear what constitutes aiding or soliciting a suicide, Fanelli said.
Prosecutors argued Mancini “aided or solicited Yourshaw to commit suicide” and that her conduct was intentional. Prosecutors argued that Yourshaw attempted to commit suicide, and it would not have happened “but for the defendant's conduct.”
Mancini's lawyer argued that hospice records show Yourshaw took opiate medication, and they should be part of the case record.
Russell expressed skepticism at some aspects of the state's case. Elderly people frequently say they want to die, and they may or may not mean it, she said.
Fanelli noted that Yourshaw was diabetic but ate candy and drank soda.
“If you give him that soda, are you assisting in his suicide?” he asked, arguing the state law on assisted suicide is vague.
Brad Bumsted is Trib Total Media's state Capitol reporter. Reach him at 717-787-1405 or firstname.lastname@example.org.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Bubble players get last chance to impress Steelers
- Steelers accomplish mission to get younger, faster on defense
- Locke struggles again early, Pirates lose again in Milwaukee
- Adrian man sentenced to 10 years in prison for sex crimes
- Asking price for Penguins franchise said to be at a record $750M
- Roundup: U.S. bank earnings up 7.3% in 2nd quarter; IMF warns China slowdown threatens global economy; more
- TJ to clash with Ringgold in tough season opener
- American to halt 2 direct routes from Pittsburgh International
- Company supplies industry worldwide with products made in South Buffalo
- 82-year-old accused of trying to rape home health aide may get probation
- Pa. business interests decry EPA ozone proposal as economic albatross