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trial cases written in new mexico ...
State of New Mexico vs. Chris Jenkins, MD
Statement
of Facts
Steve Cole, a retired businessman,
committed suicide in Albuquerque, New
Mexico with the assistance of his
physician, Dr. Chris Jenkins, a local
oncologist. Two months later, a grand jury
indicted Dr. Jenkins for coercing or
exerting undue influence on his patient to
request medication for the purpose of
ending his life, a first degree felony
under the New Mexico Death with Dignity
Act.
During a routine
physical examination, Mr.
Cole was diagnosed with cancer of the
bladder. Upon the recommendation of his
daughter/son, Alex, Mr. Cole sought
treatment from Dr. Jenkins, whom Alex had
known since college. Dr. Jenkins’
examination revealed that Mr. Cole’s
cancer was in an advanced state, and that
he was unlikely to survive for six months.
Mr. Cole nevertheless began chemo- and
radiotherapy, and Alex returned home from
the East Coast to be with him. By the
first part of May, although the patient
was experiencing great pain from the
symptoms of the disease and the side
effects of the therapy, Dr. Jenkins found
that the cancer had begun to respond to
treatment. In her/his opinion, the disease
remained incurable and irreversible, but
s/he could no longer reliably predict how
much longer Mr. Cole might live.
On May 29,
however, Mr. Cole asked Dr. Jenkins to
prescribe medication to end his life. Dr.
Jenkins referred Mr. Cole to Dr. Kim
Sikora, Chief of Oncology at Albuquerque’s
Providence Hospital, who confirmed Dr.
Jenkins’ diagnosis and her/his opinion
that Mr. Cole’s request for physician
assisted suicide was a voluntary and
informed decision. On June 9, Dr. Jenkins
prescribed a lethal dose of morphine
elixir for Mr. Cole. Two days later, Dr.
Jenkins dispensed the medication to Mr.
Cole at his home, and s/he was with him
when he died from an overdose of morphine.
Approximately two
weeks later, Mr. Cole’s friend and
neighbor, Pat Bordick, went to the police
with certain evidence, including Mr. Cole’s
journal, which in Ms/r. Bordick’s
opinion indicated that Mr. Cole had been
coerced or influenced by others in his
decision to commit suicide. Following an
investigation, Dr. Jenkins was indicted.
Both the
prosecution and defense are ready to
proceed in the matter of State of New
Mexico vs. Chris Jenkins, MD.
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