COLUMBUS, Ohio — Jurors listened Monday to more than five hours of closing arguments from the defense and prosecution in the murder trial of former Mount Carmel doctor William Husel.
Husel is accused of killing 14 of his patients through overprescribing medications including fentanyl and other opioids and sedatives.
Throughout several weeks of trial, prosecutors have argued that Husel’s medication orders – for fentanyl and other medications – either outright killed or hastened the deaths of the 14 patients under his care.
Many of the patients received the dosages of fentanyl around the time they were being removed from life support.
Husel’s legal defense team argues that Husel was providing comfort care medication to his patients to prevent them from suffering a “bad death” and that it was the patients’ underlying illnesses – not Husel’s drug orders – that killed them.
During his closing rebuttal remarks late Monday afternoon, Franklin County Assistant Prosecutor David Zeyen told jurors: “You don’t get a pass for killing a dying man, even if you are doctor of the year.”
Earlier in the day, Zeyen pulled out vials of fentanyl to demonstrate to the jurors the large doses of fentanyl that were ordered by Husel.
“These doses of fentanyl that the defendant gave, ordered to be given, prescribed to these victims. This is the cause of their death folks,” he said. “Even though they were very critically ill and perhaps some of them were on a trajectory to die anyways. You cannot hasten their deaths. You cannot … hasten the deaths of a dying person.”
Defense attorney Jose Baez spent three hours dissecting the state’s case, criticizing the Columbus Division of Police’s investigation, calling it “at best pathetic.” He also pointed out how the nurses said they trusted Husel, that he was caring with the patients’ families and said that the prosecution did not meet its burden of proof.
“They are asking you to take a huge leap of faith to turn this case into a criminal case,” Baez said, referring that he thinks it should’ve remained as a civil case only.
To date, Mount Carmel Health System has paid out more than $20 million to the families of patients stemming from this dosing scandal, according to a 10 Investigates’ review of probate records.
“He dedicated his life to taking care of the ill to saving lives, not to taking them,” Baez said. “To sit here and accuse him is absolutely absurd.”
The defense has argued throughout this trial that Husel was a Cleveland Clinic trained physician who was trusted by his colleagues and that while he was “aggressive” with his medication orders he was doing so to help the dying patients avoid a painful or “bad death.”
Baez urged jurors not to be misled by the prosecutor’s case.
Assistant Prosecutor David Zeyen said that “(Husel’s) motive could’ve been pure but it is a crime to kill a dying person. It is not a defense.”
Baez made a motion for a mistrial late Monday afternoon – arguing Zeyen attempted to “shift the burden” onto the defense by making remarks about why certain testimony didn’t occur.
The prosecution has the burden of proof in the case.
Judge Michael Holbrook said he would rule on the motion Tuesday morning.
The jury was expected to begin deliberating Tuesday after jury instructions of the charges, which could include both murder and attempted murder.