Protection lawyer Jose Baez requested Franklin County Widespread Pleas Choose Michael Holbrook for a mistrial Thursday morning within the homicide trial of former Mount Carmel Well being physician William Husel.
Baez’s request — made earlier than the jury had been introduced into the courtroom — was based mostly on testimony the jury heard Wednesday within the case. If granted, the authorized transfer would finish the present trial and begin the trial course of anew.
Keep up-to-date:William Husel trial updates: Mount Carmel mother or father VP testifies about Husel investigation
Dr. Larry Swanner, former vp of medical affairs at then-Mount Carmel West hospital, and Dr. Dan Roth, an government and present chief scientific officer for Mount Carmel Well being’s Michigan-based mother or father Trinity Well being, testified about how they’d characterize the doses of fentanyl that Husel, a former ICU physician, was ordering for sufferers beneath his care.
Extra:Former Mount Carmel government says Husel was solely physician ordering excessive fentanyl doses
Baez argued the opinions had been prejudicing the jury in opposition to Husel, and famous he had repeatedly objected to prosecution questions throughout Wednesday’s testimony.
First professional testifies:Medical professional: Husel’s painkiller doses sufficient ‘to take out an elephant’
Assistant Franklin County Prosecutor David Zeyen mentioned the medical doctors had been free to testify about their actions and why they took them, together with the occasions main as much as Husel’s firing in December 2018. He mentioned all of the prosecution’s witnesses and questions are going to be prejudiced in opposition to Husel as a result of they’re making an attempt to convict him.
Holbrook advised Baez he did not imagine the questions that had been requested and answered on Wednesday had been prejudicial and rejected the mistrial request, permitting the trial to get underway with Roth’s continued testimony.
Husel is going through 14 counts of homicide after being accused of ordering excessive doses of fentanyl for sufferers within the intensive care unit between 2015 and 2018, resulting in prematurely ending the lives of the sufferers.
Extra:William Husel trial: Prosecution, protection lay out their circumstances for the jury
About half-hour of precise testimony was heard by the jury on Thursday earlier than the opposing attorneys started arguing earlier than Holbrook. The difficulty that consumed the remainder of the day’s proceedings — prompting the jury to be despatched residence early — concerned Wednesday testimony from Roth and Swanner.
Each Swanner and Roth testified about experiences generated internally by Mount Carmel throughout their inside investigation of Husel’s conduct. Baez argued these experiences, which Holbrook dominated earlier than the trial started had been privileged data, had been relied upon in Swanner and Roth’s questioning.
Baez and Zeyen spent greater than an hour arguing whether or not the data within the experiences ought to be launched to the attorneys. Holbrook requested the attorneys to submit written arguments to him by 3 p.m. on Friday, and mentioned he would challenge a ruling shortly thereafter.
The ruling is not going to have any vital influence on testimony, Holbrook advised the media after the proceedings had been ended.
The jury will return Monday morning to proceed to listen to testimony on the case.
bbruner@dispatch.com
@bethany_bruner