Military Nurse Acquitted of Euthanasia

(AP)  A military judge has found a former Air Force nurse accused of killing three terminally ill patients not guilty of murder.

Capt. Michael Fontana was accused of administering excessive dosages of painkillers to speed the patients' deaths at the Air Force's largest hospital last summer.

Presiding over the court martial Saturday, Col. William Burd said Fontana was not guilty on all counts.

Speaking after the ruling, Fontana said he never regretted the treatment that he gave and that he hopes he can return to nursing.

During closing arguments at Lackland Air Force Base, prosecutors said Fontana encouraged other nurses at Wilford Hall Medical Center to be more "aggressive" when treating patients placed on do-not-resuccitate orders.

"(Fontana said) because I'm liberal with patients and making them comfortable, they die within two or three hours, and that's the way it should be," Capt. Brett Landry said.

Attorneys for Fontana said the dosages fell within Air Force guidelines, and that Wilford Hall doctors gave only vague orders. They also accused military investigators of singling out Fontana from the start.

After the deaths, Air Force investigators wired a friend of Fontana's and taped her conversations with him. Fontana is only recorded saying that his goal is to alleviate pain in his patients, said Elizabeth Higginbotham, his attorney.

Prosecutors did not offer a motive, telling Burd they could only glean Fontana's intent to kill based on the evidence.

Higginbotham said there was no intent.

"The intent is flimsy in this case, based on (investigators) digging for information by sending out a woman and trying to get him drunk," Higginbotham said.

The three alleged victims were elderly, end-of-life patients. One of them, 83-year-old Silvestre Orosco, died a little more than three hours after being taken off life-sustaining machines and placed on "comfort care."

Prosecutors said Orosco died after his nurse went on a lunch break, and Fontana came into the room to hook up a new bag of the painkiller fentanyl. Orosco died before his nurse returned from his break.

"Capt. Fontana euthanized Mr. Orosco because he wasn't dying quickly enough," Landry said.

In May, the presiding judge over a grand jury-type hearing recommended that prosecutors move forward with only one murder charge, but the military went ahead with all three.

Fontana has been in the Air Force since 2006 and served a tour in Iraq in 2007. He worked as an intensive care nurse at Wilford Hall, which primarily serves military personnel and retirees but provides emergency and trauma care to some civilians.

[GTR5]

Thanks Capt. and God bless.

[BigWillieSA]

Unfortunately, winning his court marshal trial will not the end of troubles for Capt Fontana. He has no future in the Air Force--They can't handle the continued embarrassment of losing. And, as a civilian, they will take their vindictiveness a step further and try to have his Texas Nursing License revoked. Not because Capt Fontana was guilty of anything but because they want to have the last word?that they were righteous in everything they've done. Additionally, there are factions at Wilford Hall who disagree on medical procedure for the dying, abortion under any circumstances, even a Mother choice to breast feed or not to breast feed. Some take it it as their moral or holy obligation to destroy anyone who opposes their view. They relish in it. They become the Witnesses. And they will stand righteous until the end condemning Captain Fontana. Captain Fontana, I sincerely wish you good luck.

[nikkicatt1]

I got a call form Methodist Hospital in Houston that my brother was in intensive care. It took me 5 hours to get there, When I did, he was on life support. You could see that his soul was gone. Even the Nerosurgen told us there was no hope. When I went to sign the paperwork to take him off the machines, the emergency room doctor rushed in and said he did not "feel comfortable" doing it because my brother "told him to use any means to save him". That was a lie. Even the paramedic that brought him in told me my brother was gone before reaching the emergency room. This quack did not want my brother to have morphine because it would interfer with the diagnosis. I had to call the hospital ethics committee to decide if they would let my brother go. What kind of world is it where we treat our pets with more humanity and compassion than our own families? Three cheers for this nurse.

[guest173]

san antonio news made it seem like he was guilty, this is a surprise ending. and I wouldn't be surprised at all if the medical staff at wilford hall was incompetent, I've been there plenty of times and they just don't seem to put themselves in their patients position, having to wait obscenely long periods for emergency care, etc

[BigWillieSA]

Most people familar with Wilford Hall Hospital know that the Commanders and Doctors will sacrifice anyone to protect themselves. And the Legal Office has little concern for justice focusing on winning and furthering their careers on someone else back. "Nowhere else but Wilford Hall" is their mantra and their slipshod operating practices reflect their smug attitude of not holding themselves accountable. They lie, solicit lies, falsify documents... whatever it takes. It good to see them get egg on their face.

[rwsmith29456]

What a flimsy case. Note how they use his mug shot to make him 'look more guilty'.

[sdcowgirl]

I got to watch my mother, unresposive and struggling for breath, take 14 hours to die. Was she in pain? Don't know for sure, but struggling for breath can't be pleasant. The cancer had completely taken over her lungs and the last 10 days of her life was spent psychotic and unaware of her surroundings and combative with all that tried to help her. I got to watch this and try to help her with her pain. Couldn't take it away, just help, which trust me, did nothing for her. Where does mercy begin. What my mother and I endured was so cruel in the grand scheme of things. How I wish she could have drifted off to sleep and left without the horrible struggle she was forced suffer.

This young man acted within the scope of his job, and son, if you are allowed to continue nursing, I hope you will be my nurse when my time comes.

[opinionhead]

I concur.

[dontknowitall]

DITTO.

[steve8313]

I truly hope that if I end up dying a slow death that there is someone like Capt. Michael Fontana,around to give me one last shot.