Jury acquits former nurse

Mark R. Madler

A former Providence St. Joseph Medical Center nurse was acquitted

Thursday of contributing to the death of a terminally ill cancer

patient.

Amy Brunner, 26, was found not guilty of aiding and abetting

involuntary manslaughter following a day of deliberations by a

seven-man, five-woman jury.

Defense attorney J. Michael Flanagan said Brunner became emotional

at the announcement of the verdict.

“The basis for [the acquittal] was they thought it was a

reasonable mistake as opposed to a flagrant and reckless mistake,”

Flanagan said.

Brunner and Kelly Ann Miyasato, 32, were charged with the June

2003 death of Pierre Azar, 80, by giving him the sedative Diprivan to

calm him, even though his doctors did not prescribe the medication,

authorities said.

Miyasato pleaded no contest Monday to unlicensed practice of

medicine and was sentenced to five years probation. She had a charge

of involuntary manslaughter dropped by the Los Angeles County

District Attorney’s Office in exchange for her plea to the lesser

charge.

Attempts to reach Deputy District Atty. Vesna Maras were

unsuccessful.

To convict Brunner, the prosecution needed to prove Miyasato had

committed involuntary manslaughter; that the Diprivan provided by

Brunner was actually used by Miyasato; and that Brunner knew there

was no doctor’s order to give the sedative, Flanagan said.

Miyasato said in a statement to investigators that she had gotten

a bottle of the medication from a medicine cabinet to give to Azar.

In her statements to investigators, Brunner said she had used a

syringe to get the sedative from an IV bag of another patient and

left the syringe on a counter in Azar’s room.

“A majority [of the jurors] said they didn’t know which Diprivan

was given [to Azar],” Flanagan said.

Brunner continues to work as a nurse and does not face having her

license suspended, Flanagan said.

“This is a case that shouldn’t have been prosecuted,” Flanagan

added. “They called Mr. Azar a victim. I don’t think he was a victim.

The family didn’t even want a prosecution.”

The trial was heard before Superior Court Judge Janice Croft. On

Monday, Croft dismissed a charge of aiding and abetting unlicensed

practice of medicine against Brunner.