Charges Dropped In Baby's Death -- Medical Experts Support Case Of Port Angeles Doctor

The second-degree-murder charge against a Port Angeles doctor who used his hand to block the breathing of an infant was dropped today in Clallam County Superior Court.

The charge against Dr. Eugene Turner in the death of 3-day-old Conor McInnerney was dismissed after medical experts cited information that the baby's gasps for breath did not indicate the child was alive. The charge was dismissed without prejudice, which means it could be refiled if new information turns up.

After today's packed courtroom hearing, Turner said the justice system works. "I have faith in the system and I really think this time it worked as it should," said Turner, who noted that he would not change what he did the night the infant was brought to the hospital and later died.

He said he was looking forward to getting back to work at the local hospital, from which he was suspended after the child's death.

After the hearing, many of the people who had gathered in the courtroom filed past Turner, shaking his hand and offering best wishes.

The parents of the child, Marty and Michelle McInnerney, said through their attorney that they were disheartened by today's decision, "but remain committed to seeking justice for their son, Conor."

"Because the McInnerneys believe justice requires it, they announced today that they will file a civil action against Dr. Turner in order to protect other children and families," according to a statement released by attorney Matthew Knopp.

Turner, 63, was accused of causing the baby's death on Jan. 12, 1998, by blocking the child's breathing. Turner has acknowledged placing his hand over the mouth and nose of the infant after four hours of resuscitation efforts failed to restore respiration and a heartbeat.

The baby was occasionally gasping from a reflex but was already brain dead, Turner has said.

At a news conference after the hearing, Snohomish County Prosecutor Jim Krider, who was appointed to prosecute the case, said that from the beginning, prosecutors did not think the state could prove second-degree murder, which requires showing of intent.

Prosecutors then considered second-degree manslaughter, which requires proving that Turner was grossly negligent or deviated significantly from a reasonable standard of care.

Prosecutors, however, didn't think they could prove that there was either negligence or a deviation from the standard of care, Krider said.

Krider and other top prosecutors struggled with the decision, sources said.

Under Washington state law, death occurs when the brain, including the brain stem, stops functioning. Were the infant's gasps an indication of brain activity? Prosecutors were aware that a strong team of medical experts, including King County Medical Examiner Donald Reay and Dr. Kenneth Feldman, were to testify for the defense that the infant could not have survived.

In a statement, Feldman, a pediatrician at Children's Hospital & Regional Medical Center and an expert on trauma to children, said, "At the time Dr. Turner occluded Conor's nose and mouth, he was certainly already a dead infant and by all indications was considered so by Dr. Turner. Dr. Turner's actions cannot be considered to have led to the death of an already dead child, but only to have given the superficial appearance of `active euthanasia.' "

Dr. Paula Raschko, an expert on newborns and blood gases, speaking on the baby's gasping breaths, said today, "I do not view these respirations as an indication that the baby was in any sense reviving. The "agonal" respirations could go on for some time, from minutes to hours. Typically, respirations of this sort will stop rather suddenly, with no indication of which breath will be the last."

Krider said there was no decision to drop the charges until Saturday. He and other top officials in the Prosecutor's Office had been tight-lipped about the decision amid rumors and media speculation that charges were to be dropped.

Despite today's ruling, Turner's license to practice medicine remains limited until the outcome of a May hearing before the State Medical Quality Assurance Commission, a spokeswoman said this morning.

Under an "order of summary limitation," the board ruled earlier that Turner cannot make decisions about resuscitating a patient without consulting with a second physician, said Maryella Jansen, the commission's program manager. If another doctor cannot be reached, Turner must attempt to resuscitate the patient, and then as soon as is reasonable turn the patient over to another physician, Jansen said.

The 19-member commission is scheduled to hear Turner's case May 26-28. It can dismiss the charges or revoke his license or anything in between, Jansen said.

In the criminal case dismissed today, visiting Judge Michael Rickert of Skagit County Superior Court had appointed Krider as special prosecutor with the agreement of Turner's defense attorneys and then Clallam County Prosecutor David Bruneau.

Turner's lawyers, Jeff Robinson and Amanda Lee, had sought a special prosecutor, arguing that Turner's wife campaigned in 1994 against Bruneau. Turner also endorsed Bruneau's opponent that year.

Newly elected Clallam County Prosecutor Christopher Shea said he wanted someone else to review the case and to decide whether to proceed. He said Turner supported him in his campaign and some people believe he also had a conflict of interest.

Seattle Times staff reporter Dave Birkland contributed to this report.