[Right_to_die] Doctor who aided spouse's suicide given 5 years probation

[World right-to-die news (nonprofit)]

The Nassau County Gazette (Chestertown NY) reported 26 Nov.08:

Doctor Guilty Of Manslaughter In Assisted Suicide

NASSAU COUNTY—Dr. Rajasekar Sham, 68, of Flower Hill, has pleaded guilty 
to second degree manslaughter in connection with the Nov. 11 death of 
his wife, Lucila Sham, 69.

After an extensive investigation, authorities have determined that the 
husband and wife entered voluntarily into a suicide pact and that the 
doctor’s assistance in his wife’s death represented a clear violation of 
New York State’s manslaughter statute which explicitly prohibits a 
person’s assistance in the suicide of another.

The couple was found in their home in the afternoon hours of Nov. 11. 
Lucila received fatal injuries to her arm (brachial artery).  She was 
found in the home’s bathroom.  Her husband was also found unconscious in 
the bathroom.  His injuries were self-inflicted and included a 
potentially fatal cut to his neck, in addition to wounds to his wrists 
and abdomen.  He had lost a substantial amount of blood and was rushed 
by an ambulance to a hospital, where he was stabilized and later spoke 
to authorities about the pact.

In a statement to authorities, Dr. Sham admitted to entering into a 
suicide pact with his wife.  He said that she had terminal cancer and 
that neither of the two ever wished to live alone or apart from the 
other.  He stated that his wife first tried to take her own life but 
that she was unable to inflict the necessary injuries.  The doctor then 
admitted to assisting her, using a knife first to assist her in suicide, 
then turning a different knife on himself.

He said he and his wife had gone to great lengths to tie up any loose 
financial ends prior to their deaths.  He went on to say that they had 
recently updated their wills and that they had hired an attorney to 
oversee their estate upon their death.

Dr. Sham also stated that the couple made the attorney aware of their 
plans and that they requested that the attorney telephone them every day 
so that he could immediately report their death to authorities.  The 
attorney telephoned the Shams around mid-day on Nov. 11.  There was no 
answer at the home and the attorney immediately left his office to check 
on the couple.  When he arrived he found no response to the doorbell and 
he telephoned police, who entered the home and discovered the couple.

After Dr. Sham’s arrest, authorities moved to investigate each of the 
defendant’s claims, paying particular attention to any financial motive 
that the doctor may have had to cause his wife’s premature death.  They 
also investigated the doctor’s claim that his wife had terminal cancer.

Detectives and prosecutors assigned to the case have since verified the 
following:

The couple left all of their wealth to their estate, which was to be 
donated to two places:  the University of Madras in India, and the 
Nature Conservancy’s South Fork/Shelter Island chapter.

An autopsy confirmed Lucila Sham was suffering from multiple-source, 
terminal cancer, for which she was no longer receiving medical treatment.

The couple drafted instructions for their lawyer to follow regarding the 
disbursement of their money and the paying of their outstanding 
expenses. They emptied and closed a safe deposit box days before the 
suicide.

They ordered their cellular phone service discontinued, they stopped 
payment of their Social Security benefits, they paid their outstanding 
credit card bills, and they pre-paid their 2008 income taxes, their LIPA 
bill, and their heating oil bill.  The couple even left stamps for the 
attorney to settle outstanding bills.  They paid in advance and tipped 
house keepers at their Florida home.

Dr. Sham is expected to receive a five-year term of probation in 
exchange for his guilty plea.  The plea will be contingent upon his 
receipt of significant psychological counseling, in addition to 
mandatory reporting to the Department of Probation.  He is scheduled to 
be sentenced Feb. 6 by Nassau County Judge David Sullivan.

“This is an incredibly tragic situation,” said district attorney 
Kathleen Rice.  “Jail or a prolonged legal process would serve no 
meaningful purpose in this case.  The only effect his incarceration 
would have is on the taxpayers of this county having to foot the bill 
for someone who is of no danger to our residents.  What’s important here 
is that Dr. Sham get the psychological help that he needs.”