Utah man claims his wife's death was not murder but assisted suicide.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition
 

Dennis & Jean Chamberlain

Dennis Chamberlain was convicted for attempted murder in the death of his wife, Jean, in 2014. Dennis is asking for parole by claiming it was an assisted suicide and not murder.
 
Marcos Ortiz, for ABC news - The Justice Files, reported:

In 2014, he was arrested for the murder of his wife, Jean. He eventually accepted a plea bargain and the charge was reduced to attempted murder. He was sentenced to a minimum of three years and up to life in prison.

Chamberlain claimed, during the parole hearing, that it was an assisted suicide, not murder.

Before the hearing officer, Chamberlain continued to maintain it was an assisted suicide, not murder. But an assisted suicide is still against the law in Utah.

“We decided the two of us together to help her pass on to the next life,” he said. “And so what I did is I put a plastic bag on her head … and she didn’t survive very long after that. ”

The act of asphyxiating a person with a plastic bag is murder not assisted suicide. Chamberlain claims that he received advice from the Hemlock Society:

During the 2015 defense of his actions, Chamberlain claimed the two of them were followers of the Hemlock Society. The organization believes it is one’s right to choose when they died. He said he met with members of the group who told him that helping his wife die was an option.

“It wasn’t just my decision,” he said. ” It was mine and my wife Jean’s decision and we went along with the people that were part of that organization.”

Chamberlain's daughter, Sonya Balling, and Jean's sister, Janis Farran don't believe him and don't want him released. Ortiz reported Farran as stating:

“He was not a grieving widower but a calculated killer who planned the execution of our beloved sister and then covered it up,”

“In the face of the evidence of his actions Dennis still denies that he killed her. He has shown no remorse whatsoever.”

“He’d tape her to a chair and leave her,”

“And (he’d) be upset and punish her if she soiled herself.”

Balling also commented on her father's crime:

“In my father’s mind he hasn’t done anything wrong so until he makes an effort to acknowledge his actions for what they truly were or try to change his mindset or make amends, I do not believe he should be released”

If assisted suicide were legal in Utah, Chamberlain could have argued that all he did was complete an act that is legal for doctors to do.

The fact is that putting a plastic bag over someone's head and asphyxiating them to death is murder. He did the act, therefore he should serve his time.

• Nitschke possibly connected to a murder in America (Link).

In the Last Ten Years, at Least Nine U.S. States Have Strengthened Their Laws Against Assisted Suicide/Euthanasia

Margaret Dore published this list of legislative and judicial victories to counter the media narrative that the United States is legalizing assisted suicide.

Alabama Governor, Kay Ivy

In the last ten years, at least nine states have strengthened their laws against assisted suicide/euthanasia. They are (alphabetical): 

1. Alabama: In 2017, Alabama enacted the Assisted Suicide Ban Act; 
2. Arizona: In 2014, Arizona strengthened its law against assisted suicide. 
3. Georgia: In 2012, Georgia strengthened its law against assisted suicide. 
4. Idaho: On April 5, 2011, Idaho strengthened its law against assisted suicide. 
5. Louisiana: In 2012, Louisiana strengthened its assisted suicide/euthanasia ban. 
6. New Mexico: In 2016, the New Mexico Supreme Court overturned a lower court decision recognizing a right to physician aid in dying, meaning physician assisted suicide. Physician-assisted suicide is no longer legal in New Mexico. See Morris v. Brandenburg, 376 P.3d 836 (2016). 
7. Ohio: In 2017, Ohio strengthened its law against assisted suicide. See http://codes.ohio.gov/orc/3795 
8. South Dakota: In 2017, the South Dakota Legislature passed Concurrent Resolution 11, opposing physician-assisted suicide. See Bill History. 
9. Utah: In 2018, Utah amended its manslaughter statute to include assisted suicide. For more information, see https://le.utah.gov/~2018/bills/static/HB0086.html and click “status.”

The media promotes the legalization of assisted suicide but it ignores the success in preventing euthanasia and assisted suicide.

Assisted suicide push gains little ground in state legislatures

Alex Schadenberg

This article was published by OneNewsNow on April 5, 2018.

Supporters of assisted suicide are having little luck this year in convincing lawmakers to pass bills to legalize helping others die.

Bills failed in 26 states in 2017 and this year they have been introduced in 25 states.

Alex Schadenberg of the Euthanasia Prevention Coalition says so far Connecticut, Massachusetts, Wisconsin and New Hampshire have said no to the assisted suicide lobby.

"Utah actually passed a bill this year which criminalizes assisted suicide," he notes. "So opponents are leading in the effort to educate the public and lawmakers on the dangers of doctors helping people take their lives."

But the "success rate" for defeating pro-killing bills is not a complete victory this year, he adds, pointing out that Hawaii has passed an assisted suicide bill.

"Nonetheless," Schadenberg says, "the other side will want you to think that it's this massive victory in the U.S. in 2018."

Opposition to assisted suicide is strong in the US.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

In 2017, there were 26 states that were challenged by assisted suicide campaigns and all 26 states rejected it. This year 25 states have had assisted suicide bills in their legislatures and as of now, only Hawaii has passed the bill. Yet the theme that the media is portraying is that the assisted suicide lobby is gaining momentum, yet in reality the opposite remains true.

But there is more to the story. Richard Doerflinger, with the Lozier Institute recently examined the assisted suicide data in the US. Doerflinger explains how assisted suicide bills have been overwhelmingly defeated but also 10 states have added or strengthened laws preventing assisted suicide since 1997. Doerflinger commented:

This map shows the 42 states that ban assisted suicide without exception -- ten of which passed new laws against it SINCE Oregon's law took effect in 1997. Three of these states passed new laws in the last year -- Alabama and Utah passed new bans, and Ohio added criminal penalties to its 2003 law allowing for civil penalties. Another 32 states have retained their older statutes or common law bans despite the assisted suicide movement's repeated attempts against those policies. Meanwhile, four states (and DC) have acted to follow Oregon's lead in the last 20 years. So which side is widely portrayed in the press as having big momentum?

Similar data was published by Lozier last year with research by Dr Jacqueline Abernathy.

In the past few months, assisted suicide has been defeated in Connecticut, Massachusetts, Wisconsin, New Hampshire, while the South Dakota voter initiative failed to get the needed signatures and more importantly  Utah passed a bill criminalizing assisted suicide.

What has changed is the fact that the assisted suicide lobby is now working to expand assisted suicide laws. The Connecticut assisted suicide bill also legalized euthanasia. In Wisconsin and Massachusetts the assisted suicide bills require physicians to "do or refer", while the Delaware assisted suicide bill specifically approved people with disabilities.

Fabian Stahle, a researcher in Sweden, learned that the definition of "terminal disease" used by the Oregon Health Authority was wider than the regular definition of terminal disease and he confirmed that people who are chronically ill can be approved for assisted suicide in Oregon, even if they do not have a terminal disease when they refuse effective treatment.

The Oregon assisted suicide law, that all other assisted suicide bills are based upon, is designed to deceive.

Utah House passes bill criminalizing assisted suicide.

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

On February 7, the Utah house passed HB 86, a bill that criminalizes assisted suicide by placing it within the Utah manslaughter statute.

Utah was one of several states that did not have an assisted suicide law.

HB 86 was introduced in response to the horrific death of a teenage girl:

It’s what one Utah lawmaker calls a “sick case” — a teenager is accused of encouraging a friend to kill herself, buying her the materials to do so and then filming the 16-year-old girl’s suicide on a cellphone. 

After the girl’s May 2017 death, prosecutors charged 18-year-old Tyerell Przybycien with first-degree felony murder.

Representative Michael McKell, amended HB 86 to deal with the critics concerns that the bill may criminalize physicians or family members who accidentally overdosed someone.

Bill HB 86 clearly defines the act of assisted suicide. The substituted version of HB 86 was passed by the House on a 51-18 vote even though Rep. Rebecca Chavez-Houck (D) who has introduced a bill to legalize assisted suicide in Utah, attempted to derail the bill.

Euthanasia and assisted suicide continue to be defeated.

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

Many media outlets are promoting the message that euthanasia and assisted suicide are being legalized everywhere and yet the reality proves that the opposite is true.

On Tuesday May 23 the Maine House defeated assisted suicide bill L.D. 347 in a bipartisan 85-61 vote and on Wednesday May 24 the Tasmanian parliament defeated euthanasia bill (Voluntary Assisted Dying Bill) by a vote of 16-8.

The Maine Press Herald reported that:

Maine legislature

The bipartisan 85-61 vote against the bill followed lengthy and oftentimes emotional debate among lawmakers sharing personal stories of watching loved ones battle terminal diseases. The so-called “death with dignity” bill had passed the Maine Senate by a single vote last week but faced a potential veto from Gov. Paul LePage even if it had passed the House. 

“My conscience tells me that this is the wrong direction for a variety of reasons,” said Rep. Gay Grant, D-Gardiner. “This is not a partisan issue. It is a human issue.”

Paul Russell, the Director of Hope Australia reported that:

Tasmanian legislature

In debate, Michael Ferguson MP criticised the euphemistic language of the bill, arguing that such a grave matter demands clarity: 

“We all agree it is a matter of life and death and if we cannot strip away the euphemistic language and discuss the reality of the matter then it will not be an honest debate and the public interest would not be served. 

“I ask those promoting this bill to be truly frank and honest in their descriptions, and for those listening to the debate today, if or when you hear those euphemisms, you need to remind yourself that the real words, however distasteful they are, are mercy killing and assisted suicide by a doctor.”

Many people will say, but Alex, that is only two jurisdictions. The fact is that in 2017 assisted suicide bills have been stopped or defeated in Hawaii, Utah, New Mexico, Nebraska, Minnesota, and Maryland while in several other states, assisted suicide bills were introduced but lacked support to even be debated.

This is an issue that is literally about life and death.

Legalizing euthanasia or assisted suicide gives physicians the right in law to kill their patients. 

Utah's assisted suicide bill encourages people with years to live to throw away their lives

CHOICE IS AN ILLUSION, A NONPROFIT CORPORATION

1001 4th Avenue, Suite 4400

Seattle WA 98154

Wednesday, July 13, 2016

FOR IMMEDIATE RELEASE

Dore: "Utah’s assisted suicide bill, if enacted, will allow the perfect crime. The law will encourage people with years to live to throw away their lives."

Contact: Margaret Dore (206) 697-1217

Salt Lake City, UT -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states, and now Utah, made the following statement in connection with a bill pending before the Utah Legislature. (HB 264).

“The bill has an application process to obtain the lethal dose,” said Dore. “The process includes a written lethal dose request form with two required witnesses. One of the witnesses is allowed to be the patient’s heir who will financially benefit from the patient’s death.”

"A central problem with the bill is that a person assisting a suicide can have his or her own agenda," Dore said. "For example, if the person will financially benefit from the patient's death due to an inheritance, he or she will have a potential motivation to be sure that the death goes through. This may or may not be consistent with the patient's choice."

"This central problem is exacerbated by bill provisions that strip away existing patient rights. Dore explained, "Under current Utah law, patients have a right to informed consent regarding treatment alternatives. Under the proposed bill, patients instead have the right to an 'informed decision,’ which limits their right to information. More to the point, they have no right to be told about alternatives for cure or to extend life."

Dore said, "Another problem is that the bills allow someone else to speak for the patient during the lethal dose request process." Dore elaborated, "There is no requirement that speaking person be the patient's designated agent, for example, through a power of attorney. The person is merely required to be 'familiar with the patient's manner of communicating,' for example, that the patient communicates with a stutter. This is obviously not a sufficient standard for a life and death decision."

“After the lethal dose is issued by the pharmacy, there is no oversight,” Dore said. “No doctor, not even a witness, is required to be present at the death. This creates the opportunity for someone else to administer the lethal dose to the patient without his or her consent. If the patient objected or even struggled, who would know? The bill allows the perfect crime."

"The bill seeks to legalize assisted suicide for people who are 'terminal,' which is defined as a doctor's prediction of less than six months to live," Dore said. "In real life, such persons can have years, even decades, to live. This is due to actual mistakes: The doctor evaluated another patient's test results. More typically, doctors are wrong because predicting life expectancy is not an exact science."

Dore concluded, "Utah’s assisted suicide bill, if enacted, will allow the perfect crime. The law will encourage people with years to live to throw away their lives."

-00-

For more information:

1. Legal/policy analysis of HB 264, which can be viewed at these links:
https://choiceisanillusion.files.wordpress.com/2016/07/utah-memo-only-hb-264-07-12-16.pdf https://choiceisanillusion.files.wordpress.com/2016/07/utah-attachments-only.pdf
2. Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009, https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm
3. Nina Shapiro, "Terminal Uncertainty: Washington’s new "Death With Dignity" law allows doctors to help people commit suicide-once they’ve determined that the patient has only six months to live. But what if they’re wrong?" Seattle Weekly, 01/14/09, available at: https://choiceisanillusion.files.wordpress.com/2015/08/terminal-uncertainty-w-o-ad.pdf

www.margaretdore.com
www.choiceillusion.org

Choice Is An Illusion is a human rights organization, working to keep assisted suicide and euthanasia out of your state, and out of your life

Assisted Suicide bills are being defeated in America

By Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

In 2016, assisted suicide bills initiatives have already been defeated in Arizona, Colorado, Hawaii, Iowa, Maryland, Nebraska, New Jersey and Utah. There have been several groups that have been effectively working to defeat these bills, including state groups opposing assisted suicide, medical associations, local and national disability rights groups including Not Dead Yet and DREDF and groups such as the Patients Rights Action Fund. 

Many caring people gave testimony before State legislative committees concerning the dangers of legalizing assisted suicide.

According to the Patients Rights Action Fund:

• The Arizona assisted suicide bill was defeated in the Senate's Health and Human Services Committee.
• The Colorado assisted suicide bill failed in the Senate Committee and the Colorado Assembly didn't take up the bill because it lacked support. Also the Colorado Title Board decided not to advance a ballot measure that to legalize euthanasia and assisted suicide.
• The Hawaii assisted suicide bill was not heard by the Senate committee.
• The Iowa assisted suicide bill was stopped in the Senate sub-committee.
• The Maryland assisted suicide bill was withdrawn after the sponsor recognized that the bill was going to be defeated.
• The Nebraska assisted suicide bill was defeated after a tie vote in Committee.
• The New Jersey assisted suicide bill was withdrawn when the sponsor realized that the bill did not have enough support.
• The Utah assisted suicide bill was sent back to the rules committee.

The assisted suicide bills in New York and the District of Columbia are the remaining threats.

The California legislator passed the assisted suicide bill by subverting the legislative process in a 'Special Extraordinary Session.' Since the Extraordinary Session has not closed, therefore the California assisted suicide bill is not in effect. Further to that, based on California law, the assisted suicide law will go into effect 90 days after the closing of the Extraordinary Session. Therefore assisted suicide is not currently legal in California.

Nitschke - "an undetectable death" or murder?

This article was written by Paul Russell, the director of HOPE Australia, and published on August 26, on the HOPE Australia blog.

Paul Russell

By Paul Russell

The recent news of the suspension of Philip Nitschke’s medical licence pending the medical board of Australia’s investigations is good news. But many have asked: why has it taken so long?

The trigger issue for the medical board was the suicide death of Perth man, Nigel Brayley; Beyond Blue chairman, Jeff Kennett and others arguing that, in Nitschke’s contact with Brayley, he had a duty of care to try and stop Brayley from taking his own life.

Nitschke has claimed that his contact with Brayley was not medical in nature and therefore created no onus upon him to attempt to stop Brayley. But a medical professional is a medical professional 24/7 and not simply during a scheduled clinical consultation. There are many professions in our community that hold some sort of mandated civic duty at all times; surely a doctor is no different?

That it has taken so long for the ubiquitous head of the Exit ‘death cult’ as journalist Angela Shanahan called it, to find himself ‘in the dock’ is indeed a matter of some frustration for opponents, including this writer. That it eventually did happen was always a safe bet.

Two years ago when I made a complaint to the medical board I did so because of a significant public safety concern arising out of the then latest in Exit death methods – nitrogen gas hypoxia. What made this method even more of a concern than the other earlier methods was its marketing slogan: “…for an undetectable death…”

The Exit sales blurb talked about this ‘undetectability’ being for those who didn’t want to be remembered as, ‘Uncle so-and-so who killed himself.’ Our concern was more about what was not said – but clearly inferred.

There’s nothing ‘undetectable’ about an Exit nitrogen death if it is truly a do-it-yourself method. The deceased will be found with a gas canister and paraphernalia. Pretty obvious.

So, to be ‘undetectable’ there would need to be a complicit third party who would dispose of the evidence. Now there’s a third party involved; now there’s someone at risk of being charged with the criminal offence of assisting in a suicide.

If that were not enough of a red flag, this ‘undetectability’ provides an opportunity for someone to dispose of someone else with the benefit of being able to avoid suspicion. It’s a rolled-gold method for the most sinister form of elder abuse.

The Brayley case is a ‘smoking gun’, whereas our observations about a real life-and-death risk to the elderly and infirmed, whilst sound and logical, remained theoretical. That is; until July this year in the Utah town of Roy.

Dennis Chamberlain is charged with first degree murder for allegedly killing his wife, Jean Chamberlain and trying to make it look like a natural death.

Jean Chamberlain died in February this year. She was ill and undergoing treatment and was in the care of her husband, Dennis, in their Roy home. Dennis Chamberlain did not advise Roy police of Jean’s death, preferring instead, as he later told his family, to call on an LDS Bishop who declared his wife deceased. As a Roy Detective noted, Mrs Chamberlain’s recent illness and visit to a doctor on the morning of her death were reason enough to issue a death certificate at that time.

It was not until months after the death and burial of Jean that her family raised their suspicion that all was not as it seemed after Chamberlain had told conflicting stories about what had happened that day in February.

Police issued a warrant to search Chamberlain’s home. According to one news report, they found:

On his computer police say they found “methods on how to commit suicide and other resources such as doctors to sign death certificates.” 

Police claim he bought “an oxygen mask and a book titled “the Peaceful Pill Handbook”. 

They also found an exit bag, a plastic hoodie used for suffocation.

The Roy Police Press release of the 1st of July made the claimed subterfuge even clearer:

After several warrants and subpoenas were written and served by investigators, it was found that Dennis had been researching ways to commit suicide and other resources, such as how to find doctors to sign death certificates, and searches that were specific to certain medications, chemicals, and poisons, which could be used to help end your life, and not be detected at autopsy. (PR: sound familiar!) 

Also located was a book which is an instructional book on how to commit suicide without it being detected in an autopsy, this book could also be used as a guide to commit a homicide, and it was found that Dennis had purchased items mentioned in this book the day Jean had died, and it is believed that these items were used to end Jean’s life.

The Salt Lake Tribune puts it this way:

Detectives also learned that Chamberlain allegedly purchased an oxygen mask and a book titled “The Peaceful Pill Handbook,” a euthanasia and suicide how-to manual. Several areas of the book pertaining to the use of nitrogen gas and making of a so-called “Exit Bag” – a plastic bag with a drawstring to put over one’s head – were marked, the affidavit contends. 

Mrs Chamberlain’s body was subsequently exhumed for examination. The specifics of what this autopsy discovered have not been made known, but the Roy Police did confirm that ‘medical examiners found evidence of asphyxiation'.

A preliminary hearing on the charges has been set for the 29th of August.

Don't legalize assisted suicide

Yesterday, The Salt Lake Tribune published the following letter from Dr. Charles Bentz from Portland Oregon. The article was entitled: Don't follow Oregon.

Don't Follow Oregon

Dr Charles Bentz

I am a doctor in Oregon, where physician-assisted suicide is legal. I disagree with the implication in “Do Utahns have the right to choose how they die?” (Tribune, Jan. 8) that Oregon’s assisted-suicide law is a good thing.

A few years ago, a 76-year-old patient presented with a sore on his arm. I referred him to a cancer specialist for therapy. As he went through that therapy, he became depressed, which was documented in his chart.

During this time, he expressed to the cancer specialist a wish for assisted suicide.

Rather than making the effort to address his depression, or to contact me, his primary physician who knew him, she asked me to be the second opinion for his suicide. 

I did not concur; addressing his depression would be better than simply giving him a lethal prescription.

Unfortunately, two weeks later my depressed patient was dead from an overdose prescribed by this doctor.

In most jurisdictions, suicidal ideation is interpreted as a cry for help.

In Oregon, the only help my patient got was a prescription intended to kill him.

Don’t follow Oregon’s lead.

Charles J. Bentz, M.D. Clinical associate professor of medicine Oregon Health and Sciences University - Portland Oregon