Defense Seeks Dismissal Of Charges Against Women Accused Of Killing ALS Patient
October 21, 2015 - als
Attorneys for a aged mom and caregiver indicted of conspiring to kill a Solvang lady with ALS have asked a decider to boot a charges, contending prosecutors didn’t benefaction justification of their clients’ innocence.
Judge Rogelio Flores is scheduled to hear a motions during 8:30 a.m. Oct. 26 in Santa Barbara County Superior Court in Santa Maria.
Marjorie Good, 89, and Wanda Nelson, 63, were indicted in a open by a Santa Barbara County Grand Jury on murder charges in a genocide of Heidi Good, who had a neurodegenerative illness amyotrophic parallel sclerosis, also famous ALS and Lou Gerhig’s disease
Good is a mom of Heidi Good; Nelson was one of her caregivers.
“This suit will be done on a belligerent that a suspect was indicted but reasonable or illusive cause,” Nelson’s attorney, Lori Pedego, wrote in her filing. “The suit will also be done on a belligerent that a district profession unsuccessful to benefaction to a grand jury certain exculpatory justification of that she was aware.”
Investigators contend Heidi Good was deliberately sedated before a ventilator that breathed for her was disconnected, and experts labeled her genocide homicide.
Prosecutors are preparing responses to a invulnerability motions, Deputy District Attorney Cynthia Gresser said.
Pedego contends a charge lacks illusive means to infer Nelson contributed to Heidi Good’s death.
“In fact, it was accurately a opposite,” a suit said. “The implausible caring Heidi perceived from all her nurses and her mom led to a lifespan that distant exceeded a normal for a chairman after diagnosis with ALS.”
Prosecutors unsuccessful to benefaction a grand jury with justification indicating to Good’s and Nelson’s innocence, a invulnerability profession said.
This enclosed email strings with Heidi Good and her priest and Heidi Good and her father per a patient’s preference to take antibiotics and distortion to her father that she was doing so.
These emails were sent weeks before Heidi Good died on Mar 25, 2013.
The emails mentioned Nelson wrote on a daily record that she administered antibiotics to Heidi Good, who claimed her father “started to chuck a fit” heading a lady to explain it was an error.
That finished adult causing Steve Swiacki to censure a aged mom and caregiver with slipping Heidi Good antibiotics but her knowledge.
Heidi Good eventually confessed to her father that she intentionally took dual doses of antibiotics to understanding with an infection on her lungs.
“I haven’t told we out of fear,” she pronounced in a email to Steve Swiacki. “I am revelation we know since we can't hoop a shame of deception.”
While Swiacki claimed it was Heidi Good’s preference to make, a lady pronounced in her emails his actions valid that was not a case, referring also to a “back lash” she perceived from her husband.
“I have things we need to do on this earth,” Heidi Good pronounced in an email to her husband. “I know we have watched a retirement collapse divided since of my medical care. we know we resent me for that. we know we resent me for wanting to hang around.”
“These antibiotics will make me some-more gentle so we can do a things we need to do,” she said.
Swiacki responded that he was “hurt over words” and pronounced he would not uncover adult for her doctor’s appointment a subsequent day due to his anger.
While prosecutors claimed Heidi didn’t have an lung infection, a invulnerability suit points to a email sell as explanation Heidi did.
“It is serve tough to fathom how a prosecutor could disagree to a grand jury that Wanda and Marjorie conspired to credit Steve of wanting Heidi dead, when they had approach justification out of Heidi’s possess mouth that Steve didn’t wish her holding antibiotics and was indignant during her enterprise to live,” a invulnerability suit said.
By self-denial a justification a father objected to Heidi holding antibiotics, a prosecutor supposing a speculation of murder that did not compare a justification in her possession, a invulnerability profession said.
Prosecutors claimed Nelson caused Heidi Good’s genocide by withdrawal her in a caring of her mom while using an errand. Yet, a invulnerability suit records a ALS studious was left in her mother’s caring for an hour any day during a change in caregivers.
The motive, prosecutors alleged, is a caregiver’s financial woes since a family paid her as an eccentric contractor, withdrawal Nelson with a large taxation check while Marjorie Good’s purported ground stemmed from her loathing of Steve and annoy she was about to be kicked out of a house.
However, Pedego indicted prosecutors of stealing evidence, including not revelation a grand jury that Swiacki was set to accept $350,000 from his wife’s life word process and that he had emailed a internal business hours after his wife’s genocide to scrutinise when he would get supports from a sale of skill nonetheless a income wasn’t indispensable for Heidi’s caring anymore.
Additionally, a invulnerability profession pronounced prosecutors didn’t uncover grand jurors Marjorie Good’s diary entries detailing long-standing concerns Swiacki had been perplexing to dive his wife’s genocide by self-denial remedy or that Heidi Good allegedly feared her husband.
The invulnerability attorneys contend a complaint contingency be set aside when a prosecutor intentionally withholds from a grand jury any justification pointing to defendants’ innocence.
In his motion, profession David Bixby, who represents Marjorie Good, pronounced his client’s strident conference problems meant she was incompetent to hear a ventilator alarm when a front doorway was closed, a fact he pronounced prosecutors did not present to a grand jury.
Instead, grand jurors usually listened testimony about Marjorie Good’s response when she listened a alarm during a exam with a doorway open.
Marjorie Good pronounced she was outward gardening while Nelson was using an errand when Heidi Good’s ventilator became disconnected.
Heidi’s son, Christopher, and dual friends were in a playhouse in the backyard listening to music, but never listened a ventilator alarm sounding, authorities said
Bixby also remarkable prosecutors unsuccessful to surprise a grand jury that some people who knew Marjorie Good told deputies she had a mental scarcity that influenced her ability to remember facts, including times.
“The prosecutor unsuccessful to advise a grand jury that suspect was interrogated for roughly 10 hours during a age of 87 during a sheriff’s substation,” a suit said. “Defendant contends that this alone, given her age and stamina, constituted exculpatory evidence.”
He added, “It would be formidable to fathom that a forgoing omissions were accidental. Indeed, a charge has famous (all) along what a intensity defenses would be in this case. The forgoing omissions are element in nature. They go to a core of a case,” Bixby wrote seeking exclusion of charges opposite Marjorie Good.
To support his motion, Bixby remarkable a neighbor told deputies Swiacki would frequently do things to mangle Heidi’s will, including unhooking a battery from her van, pulling a compound to forestall a wheelchair lift from working, throwing divided her medicine and not permitting anyone to spin on a heater when he wasn’t home.
A jury hearing is tentatively scheduled to start Nov. 10.
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