Rev. Goldsmith's column in the church newsletter:   The Torch  Sept. 13, 2000

Reverendly Yours   Rev. Tom Goldsmith

Perhaps a system of justice is fragile by definition. After all, there is no perfect way of discerning truth, merely a cumbersome process hoping to catch a glimpse of what might actually have taken place. The process is laden with private agendas among lawyers and judges, jury and plaintiffs.

The public falls into this trap as well. Relying on questionable media coverage, they form opinions that correspond with personal biases. In other words, you hear what you want to hear.

Objectivity remains a premium during a trial, especially when the charge is murder. Call me naive if you wish, but I had faith that reason and justice would ultimately prevail in a courtroom.

There was simply too much riding on the judgment to be otherwise.

At the trial of Dr. Robert Weitzel, whom many of us know as a member of this church, the very essence of fairness was betrayed. It began as a murder trial, and when the defense made it transparently obvious that murder was not even a remote possibility, the prosecution aimed for "lesser included’s", (manslaughter and negligent homicide). Thus a lay jury had to judge the medical practice of a physician and determine between two opposing sides of complex expert testimony as to what constituted proper care for the dying elderly.

Peter Stirba, a brilliant defense lawyer working on Dr. Weitzel's behalf, argued convincingly that there was no STANDARD OF CARE when it came to administering comfort at the end of life. There is no such policy in place, raising broader implications for all doctors who dispense medications to control pain for the dying. In the absence of a standard, with expert testimonies simply rendering personal opinions about optimal end of life care treatment, how could the jury or anyone decide ultimately what was right or wrong.

Weitzel could only be guilty of a crime if he deviated from the standard. Since there is no standard, what is he guilty of? But the jury voted to convict, and the judge, who agreed with the defense that larger policy issues were brought to light that needed further examination, sentenced Robert to serve up to 15 years at Point of the Mountain.

As if the situation isn't reprehensible enough as is, the judge tried to purge every ounce of Robert's integrity. The judge chided Robert for maintaining his innocence, proclaiming that he was in a state of denial. "You heard the jury verdict," the judge reminded him. "You must show remorse." The Salt Lake Tribune reported that Weitzel was "defiant" when he addressed the court. (This had to be the most absurd assessment I've seen in a lifetime). All who were in the court at the time of sentencing would have to agree that Robert was contrite in his apology to the families, sorrowful that the death of their loved ones happened under those particular circumstances. His face was ashen with grief, and he then humbly turned to the judge and spoke the truth. "I cannot accept the jury's verdict. I worked in good faith with no malice or intent to harm."

Yet the judge warned Robert that the Board of Pardons would look for his acceptance of guilt and his show of remorse in determining his time behind bars. This sets up an egregious miscarriage of justice where a person wanting to get out of jail must deny his own innocence and play the game of beating his chest with cries of mea culpa. The system resembles theater more than justice. Robert's self-respect, tied to his deepest sense of practicing good medicine and honoring medical codes of ethics, has become a barrier to his release from prison. In other words, a ticket out of jail means compromising his integrity, pretending to own up to false charges made against him.

The battle for justice is far from over. With the defense's motion for a new trial based on solid evidence of the prosecution's suppression of evidence, I am certain that Robert's release from purgatory is imminent.

I want very much to thank so many of you for your support of Robert during the five weeks of the trial and the events that followed. I hope your support continues in the crucial upcoming months, and that many more from our congregation will join forces.

In a letter dated September 6th, Robert wanted me to convey to the friends from this church his deepest appreciation for your "generous support." He says, "I've lost everything but my true friends, health, professional training, and self-respect to this ridiculous prosecution, but eventually I know I'll be vindicated in no small part through your help and support. Thank you for being thoughtful, caring, intelligent people." -TRG

<<Back to Home Page