Prosecution to dismiss nearly half of murder counts against former Dr. Husel, source says

Franklin County Common Pleas Judge Michael J. Holbrook speaks during a Dec. 1, pre-trial hearing in the case of former doctor William Husel, who was indicted in 2019 on 25 murder counts related to patient deaths at Mount Carmel Health hospitals, where he worked as an intensive-care physician. Holbrook will preside over a Thursday hearing at which prosecutors are expected to seek the dismissal of some counts.

When a prosecutor decides to dismiss criminal charges against a defendant, a judge rarely stands in the way.

Franklin County prosecutors are prepared to make such a declaration regarding some of the 25 murder counts against former doctor William Husel during a Thursday afternoon hearing at which victims' family members will be permitted to comment.

Judge Michael J. Holbrook, who will preside over the hearing, said he can't recall ever denying a prosecutor's dismissal filing — known by the Latin term nolle prosequiin his 17 years on the bench.

"In general, (prosecutors) have the discretion" to dismiss charges, Holbrook said.

Although prosecutors have declined comment on their plans, a source close to the case has told The Dispatch that 11 murder counts — nearly half the 25 total counts that Husel is currently facing — will be dismissed.

William Husel: Why would prosecutors want to dismiss some murder charges?

The reasons for dismissing a case or individual charges typically involve uncooperative or unavailable witnesses or new evidence favorable to the defendant. In this case, it would be to reduce an overwhelming number of counts to focus on the ones with the strongest evidence.

But victims must be given the chance to comment under provisions of Marsy's Law, a victim's rights amendment to the Ohio Constitution, approved by Ohio voters in 2017.

It is unclear how many family members might want to speak about any count that would be dropped involving the death of a relative.

Asked this week if she knew how many were interested in speaking, First Assistant Prosecutor Janet Grubb simply texted, "No."

But there are signs that the number might not be large. Gerald Leeseberg, whose Columbus law firm has represented 17 of the victims' families in civil lawsuits filed against Husel, said he doesn't know of any of his clients who want to speak.

Holbrook said there has been a suggestion that some family members may want to speak to him privately rather than in open court, and he must decide if that would be proper. He hasn't been told how many people have made such a request, he said.

Former doctor William Husel, accused of intentionally prescribing fatal overdoses for 25 intensive-care patients at Mount Carmel Health hospitals, listens during a Dec. 1 pre-trial hearing in his murder case.
Former doctor William Husel, accused of intentionally prescribing fatal overdoses for 25 intensive-care patients at Mount Carmel Health hospitals, listens during a Dec. 1 pre-trial hearing in his murder case.

The dismissal of some counts likely would shorten what otherwise is expected to be a two-month trial.

Jury selection for Husel's trial is scheduled to begin with groups of 325 potential jurors summoned to appear either Feb. 2, 3 or 4 for questioning about their knowledge of the case and whether they would be available for a weeks-long trial.

The trial itself is scheduled to begin on Feb. 14.

Mount Carmel deaths: Why is William Husel charged with murder?

Husel, 46, is accused of intentionally killing 25 intensive-care patients at Mount Carmel Health hospitals from February 2015 through November 2018 by prescribing each of them at least 500 micrograms of fentanyl, a powerful opioid.

His defense team contends that he was providing comfort care to terminally ill patients in their final hours and not attempting to shorten their lives.

County Prosecutor Gary Tyack told The Dispatch in January 2021, shortly after taking office, that he favored dismissing some of the counts against Husel and proceeding "with a small number of cases."

The indictment was obtained in 2019 by his predecessor, Ron O'Brien, the county's longest-serving prosecutor, who was defeated by Tyack in the November 2020 election.

Investigators reviewed 35 cases of patients whose intensive-care deaths while under Husel's care during a four-year period were considered suspicious. O'Brien's office chose 25 — one that occurred at Mount Carmel St. Ann's Hospital in Westerville and the rest at the former Mount Carmel West hospital in Franklinton — that were presented to a grand jury for indictment.

If Husel is convicted, Tyack told the newspaper, he "can only serve so many life terms ... We should not spend hundreds and hundreds of thousands of dollars in county money to incarcerate a man for more lifetimes than he has."

Each of the murder counts filed against Husel carries a mandatory sentence of life in prison with no chance of parole for at least 15 years.

Tyack said he favored moving forward with "a small number of cases that are the best to make as the prosecutor and dismiss the rest because there is nothing to be gained other than turning it into a show."

Leeseberg, the attorney who represents more than half of the victims' families in civil cases, told The Dispatch at the time that he favored the strategy.

He called it "wise and prudent" to limit the number of criminal counts if getting convictions on them "won't result in any practical difference" in the sentence Husel gets.

On Tuesday, Leeseberg said he continues to support the idea of dismissing some counts and moving forward with the strongest cases against Husel.

"Our belief is, what's important is not a conviction on any particular case, but a just outcome in the criminal case," he said. "We respect the decision of the prosecutor's office."

jfutty@dispatch.com

@johnfutty

This article originally appeared on The Columbus Dispatch: William Husel murder trial: Hearing set on dismissing some charges