Jack Kevorkian - Conviction and Imprisonment

Conviction and Imprisonment

On the November 22, 1998, broadcast of CBS News' 60 Minutes, Kevorkian allowed the airing of a videotape he made on September 17, 1998, which depicted the voluntary euthanasia of Thomas Youk, 52, who was in the final stages of Amyotrophic lateral sclerosis. After Youk provided his fully informed consent (a sometimes complex legal determination made in this case by editorial consensus) on September 17, 1998, Kevorkian himself administered Thomas Youk a lethal injection. This was highly significant, as all of his earlier clients had reportedly completed the process themselves. During the videotape, Kevorkian dared the authorities to try to convict him or stop him from carrying out mercy killings. Youk's family described the lethal injection as humane, not murder.

On March 26, 1999, Kevorkian was charged with second-degree murder and the delivery of a controlled substance (administering the lethal injection to Thomas Youk). Because Kevorkian's license to practice medicine had been revoked eight years previously, he was not legally allowed to possess the controlled substance. As homicide law is relatively fixed and routine, this trial was markedly different from earlier ones that involved an area of law in flux (assisted suicide). Kevorkian discharged his attorneys and proceeded through the trial representing himself, a decision he later regretted. The judge ordered a criminal defense attorney to remain available at trial as standby counsel for information and advice. Inexperienced in law but persisting in his efforts to represent himself, Kevorkian encountered great difficulty in presenting his evidence and arguments. He was not able to call any witnesses to the stand as the judge did not deem the testimony of any of his witnesses relevant.

After a two day trial, the Michigan jury found Kevorkian guilty of second-degree homicide. Judge Jessica Cooper sentenced Kevorkian to serve 10–25 years in prison and told him:

"This is a court of law and you said you invited yourself here to take a final stand. But this trial was not an opportunity for a referendum. The law prohibiting euthanasia was specifically reviewed and clarified by the Michigan Supreme Court several years ago in a decision involving your very own cases, sir. So the charge here should come as no surprise to you. You invited yourself to the wrong forum. Well, we are a nation of laws, and we are a nation that tolerates differences of opinion because we have a civilized and a nonviolent way of resolving our conflicts that weighs the law and adheres to the law. We have the means and the methods to protest the laws with which we disagree. You can criticize the law, you can write or lecture about the law, you can speak to the media or petition the voters."

Kevorkian was sent to a prison in Coldwater, Michigan to serve his sentence. After his conviction (and subsequent losses on appeal) Kevorkian was denied parole repeatedly until 2007.

In an MSNBC interview aired on September 29, 2005, Kevorkian said that if he were granted parole, he would not resume directly helping people die and would restrict himself to campaigning to have the law changed. On December 22, 2005, Kevorkian was denied parole by a board on the count of 7–2 recommending not to give parole.

Reportedly terminally ill with Hepatitis C, which he contracted while doing research on blood transfusions, Kevorkian was expected to die within a year in May 2006. After applying for a pardon, parole, or commutation by the parole board and Governor Jennifer Granholm, he was paroled for good behavior on June 1, 2007. He had spent eight years and two and a half months in prison.

Kevorkian was on parole for two years, under the conditions that he not help anyone else die, or provide care for anyone older than 62 or disabled. Kevorkian said he would abstain from assisting any more terminal patients with death, and his role in the matter would strictly be to persuade states to change their laws on assisted suicide. He was also forbidden by the rules of his parole from commenting about assisted suicide.