Jack Kevorkian has lost his request to get out of prison while he appeals his second-degree murder conviction.
Oakland County Circuit Judge Jessica Cooper denied the bond request recently, saying it had no merit.
'Now we go to the Court of Appeals,'' defense attorney Mayer Morganroth said. He contends Kevorkian's health is frail enough that the 72-year-old advocate of doctor-assisted suicide should be freed during the appeal.
Cooper sentenced Kevorkian to 10 to 25 years in prison last year after he was convicted of second-degree murder in the 1998 death of a patient with Lou Gehrig's disease. Kevorkian administered a lethal injection to the patient on the CBS show ''60 Minutes'' and then dared authorities to prosecute him.
Kevorkian suffers from high blood pressure, always wears a sweater because he is cold and looks like a ”skeleton,'' Morganroth told The Oakland Press recently.
“His health is much different - even the state has to admit that,'' Morganroth said. 'They moved him to put him close to a hospital. His age has changed.''
Morganroth's motion included a letter from Dr. Stanley H. Levy, Kevorkian's personal doctor, who suggested Kevorkian be moved to a warmer and less stressful environment.
Assistant Prosecutor John Skrzynski, who handled the case against Kevorkian, said he thought the retired pathologist should undergo a second medical examination before any decision was made.
“I don't want to see Dr. Kevorkian suffer medically, but I would also like to see an independent medical reporting on his health,'' Skrzynski said.
Kevorkian is not a threat to others and would not flee if released from prison, Morganroth said. The Michigan Court of Appeals has not yet set a date to hear the appeal of Kevorkian's conviction.