Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, August 30, 2008

Would it have been better for an organ donee to have died?

BusskohlOrgan donation can be a wonderful thing -- it can give people who would otherwise have died years or even decades of additional life.  But, what if the person saved by the organ donation turns out to be "evil," e.g., a serial killer, the next Hitler, or the person who starts the final nuclear conflict?

Although this sounds more like the plot of a Hollywood movie, a similar situation appears to be developing in Minnesota as reported in Chris Welch & Wayne Drash, Police say heart transplant teen plotted murder, CNN.com, Aug. 29, 2008:

  • Andrew Busskohl received a heart transplant at age 14.
  • Andrew has now been arrested at age 18 for a break-in attempt.
  • While investigating, police discovered that the break-in was a part of a murder plot.  He was planning to cut out the victim's heart and/or slice off his eyelids. 
  • In Andrew's car, police found the name and address of his intended victim who lives four blocks away and the equipment and supplies necessary to carry out his plan, e.g., shoe covers, a pry bar, mask, a knife, scalpel, latex gloves, etc.
  • Andrew posted $100,000 in bail and is now out of jail provided he undergo psychological evaluation.
  • His defense attorney (Joe Friedberg) claims that Andrew's medications (anti-depressants and anti-rejection drugs) are the cause of his problems.
  • Neighbors live in fear of Andrew; they were shocked that he was allowed out on bail.  Many have increased security precautions.
  • Neighbors are upset that Andrew has not been charged with attempted murder.

https://lawprofessors.typepad.com/trusts_estates_prof/2008/08/would-it-have-b.html

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