Another Round for the Sham Anesthesiologist: Another Appeal Filed
Unauthorized Anesthesiologist Faces Another Review: Repeat Proceedings Initiated - Unlicensed anaesthesiologist under scrutiny
Let's get down to the nitty-gritty: Another appeal in the saga of the sham anesthesiologist based in Kassel has been lodged. A spokesperson for the court confirmed the news, adding that both the defense and the joint plaintiffs have taken advantage of their legal right to appeal. This means the major leagues, the Federal Court of Justice in Karlsruhe, will once again have to deal with this thorny case.
You might recall that the 54-year-old imposter was slapped with a life sentence in May 2022 by the Kassel Regional Court for her heinous deeds. The court found her guilty of three counts of murder and attempts at murder in ten cases. However, the Federal Court of Justice (BGH) later partially overturned this ruling and sent the case back to the Kassel Regional Court for a retrial due to insufficiently justified intent to kill among other reasons.
Lighter Sentence in the RerunThe 10th Large Criminal Chamber of the Kassel Regional Court obliged the Public Prosecutor's Office in the appeal proceedings and recently handed the imposter a 15-year sentence for causing the deaths of three individuals through negligence and injuring ten more. This sentence represents a significant reduction compared to the initial trial.
The joint plaintiffs had hoped for a life sentence again for murder, while her defense team pleaded for a more lenient sentence of seven to eight years for negligence or eight years for dangerous negligence resulting in death.
Forgery of CredentialsThe convicted woman managed to secure a position as an anesthesiologist in a hospital in Fritzlar, Schwalm-Eder district, using a forged approval certificate, and worked there for years.
Her academic background is a tangled mess: She studied biology, dentistry, and various other subjects at different times, passed a healer exam, and completed numerous internships. She eventually earned a doctorate in biology but was later stripped of it due to plagiarism. It is claimed that she even bought a second doctorate over the Internet. The woman does not hold a legitimate medical degree.
In 2018, she switched to the rehabilitation department of a clinic in Schleswig-Holstein, once again presenting false documents. However, inconsistencies were discovered when she transferred medical chambers, ultimately leading to her surrender for employment fraud alongside the Medical Association of Hesse and her former employer.
- Kassel
- Federal Court of Justice
- Woman
- Justice
- Death
- Regional Court
- Imprisonment
- Kassel Regional Court
- Karlsruhe
- Death Resulting from an Offense
As for the appeal process in Germany, here's a gist of how it usually works:
- Initial Sentencing: The case starts with the initial sentencing by a lower court (e.g., Landgericht).
- Appeal to Higher Regional Court (OLG):
- Filing an Appeal: The defendant or the prosecution can lodge an appeal if they believe the initial verdict was unjust.
- OLG Hearing: The OLG reviews the case and may hold hearings to gather more evidence or clarify legal points.
- OLG Decision: The OLG makes its decision, which can affirm, reverse, or modify the original verdict.
- Appeal to Federal Court of Justice (BGH):
- Filing an Appeal: If either party is unhappy with the OLG's decision, they can appeal to the Federal Court of Justice (Bundesgerichtshof, or BGH) on specific grounds (e.g., legal errors).
- BGH Review: The BGH examines the case to ensure the law was applied correctly.
- BGH Decision: The BGH then makes its final decision, which may affirm, reverse, or remand the case to a lower court for further consideration.
- Final Decision and Enforcement:
- The BGH's decision marks the end of the appeal process.
- The sentence is enforced according to German law.
- The appeal for the Sham Anesthesiologist, found guilty of murder and attempted murder, has been lodged again at the Federal Court of Justice in Karlsruhe.
- The initial sentencing was carried out at the Kassel Regional Court, with a life sentence handed in May 2022, but the court's ruling was later partially overturned due to insufficient reasons.
- The woman, who even bought a second doctorate online, was convicted for a 15-year imprisonment in the latest trial at the Kassel Regional Court for causing three deaths through negligence and injuring ten more.
