A New Orleans grand jury refused yesterday to indict a surgeon who was accused of killing four hospital patients by lethal injection during the chaotic aftermath of Hurricane Katrina. The decision ends a prosecution attempt by Louisiana's attorney general that enraged the city's medical community.
After meeting for four months, the Orleans Parish grand jury declined to indict Dr. Anna Pou on any of the 10 charges against her, which included second-degree murder and conspiracy to commit second-degree murder.
Charges had already been dropped against Cheri Landry and Lori Budo, two nurses arrested along with Pou, after they agreed to testify before the grand jury.
"All of us need to remember the magnitude of human suffering that occurred in the city of New Orleans after Hurricane Katrina so that we can ensure that it never happens again, and no health care worker is falsely accused in a rush to judgment," a tearful Pou said.
Asked how she reacted upon hearing the news, Pou, 51, said, "I fell to my knees and thanked God for helping me."
Pou, however, refused to say whether she injected any of the victims with drugs, noting that their families were still pursuing civil suits against her.
A cancer surgeon who worked as a professor at Louisiana State University, Pou was one of a group of doctors and nurses who stayed at New Orleans' Memorial Medical Center through the storm. Many of her colleagues regarded the case against her as an outrageous attack on an esteemed professional who had done her best to save lives during days and nights spent in unimaginable conditions.
At least 34 patients died in the hospital, which lost power and was inundated with 10 feet of water after the hurricane.
Louisiana Attorney General Charles Foti Jr. shocked many last July when he conducted a surprise arrest of Pou, who was still in her hospital scrubs after performing a surgery. Foti said an investigation by his office had found that she and the nurses killed four frail patients ages 66 to 90 with a "lethal cocktail" of painkillers and sedatives. In a nationally televised news conference, he said, "This is not euthanasia. This is homicide."
Foti later passed the results of his investigation to New Orleans District Attorney Eddie Jordan for prosecution, and the case expanded to nine alleged victims. It suffered a blow in February when the Orleans Parish coroner concluded that he could not classify the deaths as homicides. The patients in question were in a care facility for the seriously ill; Pou had been tending to them because the doctor who was supposed to care for them did not show up.
Jordan, who briefly attended the grand jury proceedings yesterday, did not criticize its decision, saying justice had been served. Foti defended his actions.
"The dedicated employees of the attorney general's office have done their duty as required by federal and state law, and I am very proud of our efforts on behalf of the victims and their families," Foti said in brief statement. He declined to be interviewed.
The grand jury's decision ends criminal proceedings against Pou - and also leaves in limbo civil lawsuits filed by family members of the victims. Some lawyers said it should bring clarity to the cases by pointing the finger at the hospital itself, which was formerly owned by Tenet Healthcare.
Miguel Bustillo writes for the Los Angeles Times.