Husel trial updates: Closing arguments rescheduled a fourth time -- no new explanation given

Former Mount Carmel Health System doctor William Husel is facing trial on 14 counts of murder for allegedly hastening the deaths of patients in the intensive care unit by prescribing excessive doses of painkillers.

There was more than a month of testimony as Franklin County prosecutors put 53 witnesses on the stand: loved ones of the 14 alleged victims, nurses, investigators, health system executives and lots of experts. The prosecution rested its case March 29.

Trial recap, first two weeks: William Husel trial updates: Thursday testimony ends early over mistrial request, arguments

Trial recap, March 7-29: Husel trial updates: Prosecution rests its case, defense to begin case Wednesday

After calling one witness on March 30, the defense rested its case. Closing arguments were originally scheduled for Monday, April 4, but were postponed to Tuesday, April 5. Then they were postponed to Wednesday, April 6. And then Wednesday evening they were rescheduled again.

Husel closing arguments rescheduled a 4th time to Monday

Darcy Shafer, staff attorney for Franklin County Common Pleas Judge Michael Holbrook announced just before 7 p.m. Wednesday that the closing arguments in the Husel trial have been rescheduled a fourth time. They are now scheduled for 9 a.m. Monday

"Thank you all for your patience and we look forward to seeing you Monday," Shafer said in the email announcement.

Again, no further reason for the delays has been offered since the initial explanation of "legal matters" back on the first rescheduling.

Husel closing arguments postponed again, now set for Thursday, April 7

"Well…," the message late Tuesday afternoon from Darcy Shafer, staff attorney for Franklin County Common Pleas Judge Michael Holbrook began, "we are going to need another day. We expect closing arguments to start on Thursday at 9:00 a.m."

Closing arguments pushed back once more to Wednesday, April 6

Franklin County Common Pleas Court Judge Michael Holbrook announced Monday afternoon that closing arguments in Husel's trial, which had been pushed from Monday to Tuesday, are now being pushed back to Wednesday to give attorneys for the two sides more time to file legal paperwork on outstanding matters.

Among the issues outstanding is whether Holbrook will grant a prosecution request to allow jurors to consider lesser charges of reckless homicide instead of murder where they deem appropriate.

Husel's defense attorneys are opposed to that proposal, noting that prosecutors charged the former doctor with murder and must prove the case they brought. Husel's defense attorneys are expected to argue in the closing arguments that Husel was providing comfort care to patients who were in their final hours of life.

The prosecution and defense are also filing briefs with the judge containing what they believe should be included in Holbrook's instructions to the jury after the closing arguments are over and before they begin deliberating.

'The defense rests'

In a surprise move on Thursday morning, March 30, Husel's defense team rested their case after calling one witness.

The prosecution then said they would not be presenting any rebuttal testimony.

Husel's team had been expected to present at least two other expert witnesses, however, those witnesses will no longer be called.

Closing arguments are expected to be held at 9 a.m. Monday morning.

'A person that is dead requires nothing'

On Wednesday morning, Dr. Joel Zivot, an anesthesiologist and critical care specialist at Emory University in Atlanta, was the first witness for Husel's defense.

Before the jury was brought into the courtroom for the day, Zivot and the attorneys met behind closed doors for nearly an hour.

When testimony got underway, Zivot, who has been practicing medicine for 27 years, said he has also studied and authored articles regarding ethics in medicine. Zivot testified that he reviewed the medical records of the 14 patients in the case at no cost and was only paid for his travel expenses.

Under questioning from defense attorney Jose Baez, Zivot testified that he believed all 14 patients for whom Husel is charged with murder died from illnesses and underlying medical conditions — not the dosages of fentanyl ordered by Husel.

Multiple sidebars were held Wednesday afternoon as the prosecution cross-examination of Zivot began. Assistant Franklin County Prosecutor Taylor Mick asked Zivot about a copy of his resume from a previous case in Florida where he had testified.

Mick asked Zivot whether he authored his own resume or if he had someone else assist him with that. Zivot testified that he did his own resume and then was asked about the Florida resume, particularly a Bachelor's of Science degree and a Master's degree.

Zivot testified that he did not actually possess those specific degrees and that an assistant authored the resume, with Zivot failing to catch the error.

"Didn't you just testify that you prepare your own CV?," Mick asked.

Under further cross-examination Wednesday, Zivot also testified that patients who are brain dead are no longer considered alive. Family members of at least four patients called by the prosecution had testified that Husel told them he had diagnosed their loved ones as brain dead.

Zivot said giving any medication to those patients, including fentanyl, would be unnecessary, even if the patient maintained a heartbeat.

"A person that is dead requires nothing," Zivot said. "There's no reason to give a dead person anything. I'm sorry, a former person."

"I don't know why someone would give fentanyl to someone who's dead," Zivot testified a few minutes later.

Zivot also testified about the necessity for critical care doctors to provide families with complete information to get informed consent, as well as the need to be present bedside to assess pain in real-time.

"The only monitor we have for pain is empathy," Zivot said, adding that doctors have to be present at a patient's bedside during end of life to determine whether pain is present.

Multiple loved ones of the deceased patients in this trial have testified that Husel was monitoring their loved one's final moments from a nurses' station in the Mount Carmel West intensive care unit, not in the patients' room.

Prior to testifying, prosecutors had sought to exclude Zivot's testimony because he had spoken with Husel while generating his opinions, which is barred by Ohio's evidence rules. There also was discussion that should Zivot testify about what Husel said, it could force Husel to relinquish his Fifth Amendment right to remain silent.

During his testimony Wednesday, Zivot did not mention his conversations with Husel, avoiding the issue.

It is not known how many witnesses the defense will call. As the case has progressed since Husel's indictment in 2019, the defense has submitted a list of more than 100 names of potential witnesses, including doctors and nurses who have already testified for the prosecution in the case.

--Bethany Bruner

Fight over witnesses: Three defense experts should be barred from testifying in Husel trial, prosecutors argue

Who is lawyer Diane Menashe?

Husel's defense team is led by two notable names: Diane Menashe and Jose Baez.

Menashe is a local attorney with Ice Miller. She previously has defended high-profile clients Brian Golsby, who was convicted of killing Ohio State University student Reagan Tokes, and Quentin Smith, who was convicted of killing Westerville police officers Anthony Morelli and Eric Joering.

Who is Jose Baez and why is he famous?

Baez is an attorney based in Florida who was hired by Husel.

He came to national notoriety by defending Casey Anthony in 2011, who was accused of killing her 2-year-old daughter Caylee. Anthony was found not guilty of murder.

Baez went on to represent Aaron Hernandez, the former New England Patriots tight end, in a case in which Hernandez was acquitted of killing two people after an altercation at a Boston nightclub.

The attorney, who also briefly represented Harvey Weinstein, has also appeared on television shows as a commentator and has published books about the Anthony and Hernandez cases.

Menashe and Baez are expected to be assisted by Gabrielle McCabe and Jaime Lapidus, both of Baez's law firm, during the course of the trial.

Who are the victims?

Husel is currently charged with intentionally giving doses of fentanyl that the prosecution contends were lethal to 14 patients. Those patients are Joanne S. Bellisari, 69; Ryan Hayes, 39; Beverlee Ann Schirtzinger, 63; Danny Mollette, 74; ; Brandy McDonald, 37; Francis Burke, 73; Jeremia Hodge, 57; James Allen, 80; Troy Allison, 44; Bonnie Austin, 64; James Nickolas Timmons, 39; Sandra Castle, 80; Rebecca Walls, 75; and Melissa Penix, 82.

This article originally appeared on The Columbus Dispatch: William Husel trial update: Closing arguments reset 4th time to Monday