by Susan Brinkmann, OCDS
Staff Writer
(Feb. 7, 2008) The husband of an Oregon woman suffering from Lou Gehrig’s disease shot his wife in the head after she asked him to kill her.
John L. Roberts, 51, claimed he killed his wife, Virginia, also 51, because she was suffering from amyotrophic lateral sclerosis (ALS), a progressive disease affecting nerve cells in the spinal cord and brain which eventually leaves a person paralyzed. Her condition had been growing worse in the weeks leading up to the murder, which Roberts and his family believe was an act of mercy.
Roberts’ brother, Greg, told The Oregonian that “Part of the reason they chose this method rather than going down the assisted suicide route was that she was so proud proud that she didn’t want to let herself get into the condition she would need to be in before they’d be allowed” to participate in Oregon’s Death with Dignity program, which requires a person to be within six months of death.
Roberts was arrested after police arrived at the couples home in response to a 9-1-1 call placed by him at 9:44 a.m. on Feb. 2 saying only that he had shot someone. He is currently being held without bail.
Under Oregon State Law, in order to meet the guidelines for physician assisted suicide, a person must be an adult, a resident, and receive a diagnosis by two doctors as having six months or less to live. There is no requirement that the person be in unbearable pain, and patients suffering a mental illness or depression that may be impairing their judgement are only required to attend one session with a psychiatrist or psychologist before being permitted to request, and receive, a
lethal dose of drugs.
Bioethics watchdogs consider these guidelines to be flimsy, at best, especially because the rates of depression among people with terminal illnesses who attempt suicide has been shown to be as high as 90 percent. Even the notorious Jack Kevorkian once admitted in a court hearing that anyone with a disabling disease who isn’t depressed is “abnormal.”
However, studies have also shown that it is the depression that causes suicidal tendencies, not the actual disease. And when this depression is treated, these patients no longer wish for death and live out their remaining days in peace.
As is the case with most Oregonians who have requested, and received, physician assisted suicide since the law was enacted in 1997, Roberts wife did not ask for death because of unbearable pain but because of a fear of becoming incapacitated.
According to state statistics, pain is the least reported reason why people chose physician assisted suicide. Losing autonomy is the most prevalent reason at 85 percent; decreased ability to enjoy life was a factor in 77 percent of the cases; losing control of bodily functions was present in 63 percent and being a burden on the family factored in 34 percent of the cases.
Experts agree that the severity of Roberts’ punishment will determine the future of the enforcement of the state’s already flimsy guidelines.
“This is the kind of case that led to the complete collapse of euthanasia guideline enforcement in the Netherlands,” Wesley J. Smith, attorney, author, and anti-euthanasia advocate told LifeNews. Although Roberts won’t get off completely, he said, his punishment will probably not be too severe and will thus weaken the need to enforce Oregon’s guidelines in the future.
A grand jury is expected to review the case on Friday.
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