X-Message-Number: 7662 Date: Fri, 07 Feb 1997 06:52:58 -0700 From: David Brandt-Erichsen <> Subject: Florida man given right to die (Thurs Feb 6/97) Judge Lifts Stay in Physician-assisted Suicide Case OCALA, Fla. (AP) - An AIDS-stricken man battling for the right to die with the help of his doctor won another fight Thursday when a judge lifted a stay that had indefinitely blocked his plans for physician-assisted suicide. Circuit Judge Lucy C. Brown lifted the stay, saying that if she didn't, Charles Hall would be "deprived of that more dignified and comfortable end to which he is now legally entitled. A Palm Beach court last week became the first in the nation to permit a physician-assisted suicide. The stay automatically took effect when the state appealed the Jan. 31 order that permitted the Beverly Hills, Fla., man to ask for a lethal dose of drugs from Dr. Cecil McIver when his death was imminent. Circuit Judge S. Joseph Davis said Hall had that right based on privacy and equal protection clauses in the Florida and U.S. Constitution. [NOTE: that decision granted this right ONLY to this particular individual and this particular doctor and nobody else!--dbe] And Brown said she didn't want the lengthy appeals process to take away Hall's right. "I think it's absolutely wonderful," Hall told The Ocala Star-Banner for a story to be published Friday. He told The Associated Press earlier this week that he wasn't ready to use his right to die. "I'm far from ready to die. I just want to know my rights are my rights and nobody can decide for me," Hall said. Hall is battling pneumonia for the third time since he was diagnosed with AIDS 15 years ago. He testified last month that he has Hepatitis B, a brain cyst, herpes, arthritis, partial blindness and no feeling in his bladder. He takes up to 40 pills a days, including morphine, to relieve pain and build his immune system. Assistant Attorney General Charles Fahlbusch has called for an emergency hearing to ask Brown to reinstate the stay. In a written motion Fahlbusch noted there would be no way to undo Hall's assisted suicide if a higher court reverses Davis' ruling. He also argued that if Brown does not reinstate the stay, Palm Beach County would be the only place in the nation permitting physician-assisted suicide. As part of his order, Davis issued an injunction preventing the state attorney in that county from charging McIver with a 128-year-old law on assisting self-murder. "It is respectfully submitted that this court should err on the side of keeping alive and of maintaining the largest number of options possible," he said. Although the stay was lifted, the appeal remains in effect. Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=7662