We must protect and save lives - NOT take them. Recent actions to move forward to direct doctors to violate their Hippocratic Oath to do no harm and assist in the taking of a person’s life which is a homicide per NYS law is beyond comprehension. Everyone knows our most vulnerable will be lured or aided by others in nefarious ways to end their lives prematurely, they are extremely vulnerable. This is the truth, what is unfolding is illegal and there are no safeguards.
One of the laws I was able to successfully get changed 13 years ago was changing Endangering the Welfare of Incompetent and Physically Disabled People from a misdemeanor criminal offense to a felony. Our most vulnerable had less protection of laws than companion pets. How does that happen? Busters law made it a felony to be cruel to your companion pet in 1999, it took my son Jonathan’s homicide in 2007 and me fighting extremely hard for the next five years to finally get the same equal protection of laws for our most vulnerable that companion pets had in 2012. Tragically, this is how NYS has taken care of people with disabilities and mental health problems, there is no way they will be protected from being killed.
This is what the NYS Penal Law 260.25 says: “A person is guilty of endangering the welfare of an incompetent or physically disabled person in the first degree when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect. Endangering the welfare of an incompetent or physically disabled person in the first degree is a class E felony.”
The doctor-assisted suicide bill S138/A136 will direct doctors to commit felony criminal offenses, they will be taking direct actions that “KNOWINGLY acts in a manner to be injurious” a felony per NYS Penal law 260.25. Everyone knows obviously S138/A136 goes way beyond injurious, doctors will be KNOWINGLY acting in a manner to cause the death of a person, which is a felony homicide.
There is no way to spin this, a doctor involved in any way that causes the death of any person is a homicide, which is defined as conduct causing the death of another person.
NYS Penal law 125.27 is very clear – Murder in the first degree. A person is guilty of murder in the first degree when: 1. With intent to cause the death of another person, he causes the death of such person or of a third person...
At this very same moment in time, in which New York State is making this massive push to take people’s lives, one million New Yorkers with disabilities and mental health problems still do not have equal access to 911 first responder medical and police services. Something is severely wrong with this picture.
There is a critical lifesaving and discrimination ending 911 Civil Rights Bill S5406/A823 that will save countless lives of our most vulnerable. Both Senate Majority Leader Cousin’s and Assembly Speaker Heastie can make real history by making sure this critical lifesaving and discrimination ending bill is finally brought to the Senate and Assembly floors for a vote this week. Hopefully they will, countless lives of our most vulnerable will be saved from death.
The number one known trend leading to “untimely” deaths of people with developmental disabilities within the OPWDD system according to Disability Rights New York (DRNY) is staff not calling 911 (see attached DRNY document).
Hopefully, Gov. Hochul will do the right thing and see the truth that what the legislature is doing is illegal according to our laws and swiftly veto the doctor assisted suicide bill and that she insists that the lifesaving 911 Civil Rights Bill is voted on in both houses so she can save lives by signing it into law within the next week.
Michael Carey
Civil Rights & Disability Rights Advocate