The Michigan Daily - Wednesday, December 1, 1993 - 7
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ROYAL OAK (AP) - Dr. Jack
Kevorkian was charged a third time
yesterday with violatingMichigan's law
against assisting a suicide. But guilt or
innocence aside, the cases could un-
ravel if lawyers succeed in constitu-
tional challenges of the statute.
Kevorkian surrendered to Royal
Oak police yesterday morning and
was taken before District Judge Daniel
Sawicki on a charge of assisting the
suicide of Merian Frederick, who was
suffering from Lou Gehrig's disease.
Frederick inhaled carbon monoxide
in Kevorkian's presence in an apart-
ment he rents next to his own.
Sawicki ordered Kevorkian held
on $50,000 bond, all of which must be
posted to free him. Kevorkian rolled
his eyes and smiled. Attorney Michael
Schwartz said his client would starve
in jail.
Before he was to be jailed in Oak-
land County, Kevorkian was taken by
federal authorities to Detroit for a
hearing on his lawsuit claiming po-
lice illegally searched his apartment
building Sunday night.
Officers who said they were act-
ing on a tip that an assisted suicide
was planned said they waited for a
warrant before entering Kevorkian's
apartment and searching. At issue was
whether Royal Oak police were en-
titled to occupy common areas of the
building before obtaining the war-
rant.
After a one-hour afternoon hear-
ing, U.S. District Judge Gerald Rosen
refused a request by Kevorkian attor-
ney Michael Schwartz that he order
police not to violate Kevorkian's con-
stitutional right to privacy.
With Kevorkian in jail, Rosen said
the question was moot.
"He is incarcerated, and there is
no immediate likelihood his incar-
ceration will end any time soon," the
judge told Schwartz. "If'he is re-
leased, you are welcome to come back
to court."
After the hearing, U.S. marshals
placed Kevorkian in handcuffs. He
was expected to be taken from the
Detroit courtroom to the Oakland
County Jail in Pontiac. about 40 miles
to the north.
Kevorkian has attended 20 deaths
since 1990. Five of those have come
since the assisted suicide ban - de-
signed specifically to stop Kevorkian
from helping people die - took ef-
fect Feb. 25. And the law itself has a
questionable future.
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