[Right_to_die] Why the prosecutions against the Final Exit Network are taking so long

World right-to-die news list (nonprofit) right-to-die at lists.opn.org
Sun Jul 12 14:55:28 PDT 2009


Update on the prosecutions pending against the volunteers of the Final 
Exit Network:-

In Georgia, Dr. Larry Egbert, former President Ted Goodwin, and 
coordinator Nick Sheridan and exit guide Claire Blehr were charged in 
February with two counts: assisting in a suicide, and tampering with 
evidence.  Though the defendants have been arrested and charged based on 
arrest warrants, the case cannot move forward until the State secures a 
grand jury indictment.  Under Georgia procedures, the clock does not 
even start ticking on the right to a "speedy trial" until the indictment 
is filed.  In most states the clock starts ticking the moment a 
defendant is arrested.

The State of Georgia is intentionally wasting time, refusing to indict, 
as part of a broad strategy.  Knowing the prosecution's case is weak, 
the State of Georgia is attempting to foment investigations all across 
the country.  The strategy is to bleed Final Exit Network to death 
without bringing any cases to trial in Georgia.

The State of Georgia has also seized and frozen most of FEN's assets in 
a civil RICO action (Racketeer Influenced and Corrupt Organizations 
Act).  The RICO statutes were created to give the government a powerful 
tool in the battle against gangsters, drug smugglers, and such.  Like 
any powerful too, RICO is a threat to everybody in the vicinity when 
wielded by those who are drunk on their power and heedless of the basic 
liberties enjoyed by Americans.

The State of Georgia is employing the same cowardly strategy in its 
civil RICO action as it has employed in its non-existent prosecution of 
the "criminal" defendants:  Do nothing, for fear of losing if the 
defendants get a fair trial.

The RICO law allows the government to seize assets with absolutely no 
due process, merely upon application to a judge for a seizure warrant 
(which is why a RICO law is such a powerful tool to use against 
gangsters).  In conjunction with this prerogative, the government is 
supposed to be obligated to promptly file a civil RICO complaint.  Then, 
the "racketeers" get their day in court.

However, in the world according to Georgia, the State froze Final Exit 
Network's assets and never filed a civil RICO action.  Georgia 
authorities actually think they can seize their fellow citizens' assets 
and never justify the seizure in court.  FEN is now bringing a legal 
action to force the State to justify the seizures in court.

In Arizona, the Phoenix prosecutor secured grand jury indictments in 
April of Dr. Egbert, coordinator Roberta Massey and exit guides Wye 
Hale-Rowe and Frank Langsner.

Dr. Egbert and Ms. Massey were indicted on a charge of conspiracy to 
commit manslaughter, and Ms. Hale-Rowe and Mr. Langsner were indicted on 
a charge of manslaughter.  The Arizona prosecutions appear to be moving 
forward at a normal pace.

----------Robert Rivas, Florida, attorney to the Final Exit Network




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