NEWS > 22 February 2006

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Albany Times Union - Albany, N
22 February 2006

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Cop's widow loses lawsuit

SCHENECTADY -- Saratoga Hospital and its staff were not negligent in the psychiatric care of Officer William F. Marhafer II, who committed suicide after being discharged four years ago, a jury determined Tuesday.
The panel deliberated just under 90 minutes before unanimously voting against awarding monetary damages to Anna Marhafer, the 34-year-old officer's widow.

She had alleged in a lawsuit that three members of the hospital's staff deviated from accepted medical practices in discharging her husband from the mental health unit while he was still depressed and suicidal. No damages were specified in the suit.

On Oct. 6, 2001, a day after his release, the 30-year-old Marhafer shot himself in the locker room of the Schenectady station in the midst of a police corruption probe.

The officer had 7 1/2 years on the force, was on paid administrative leave and had cooperated with the federal investigation. Accused of wrongdoing himself, he testified against others before a grand jury.

Albany attorney Karen Butler represented the hospital and two staff members at the malpractice trial, which was in its fourth week before acting state Supreme Court Justice Felix Catena.

Marhafer was discharged "only after he had consistently, repeatedly and credibly denied" he was suicidal, Butler said in a closing argument. He said he felt a responsibility to care for his family, she said.

Butler also represented Dr. Sujana Reddy-Kurrie, a psychiatrist and Marhafer's primary caregiver, and Rudolph J. Stutzman, a mental health case manager assistant.

Butler said the courtroom, where Marhafer relatives had gathered for summations, was quiet after the verdict was read.

"I think the hospital and all of the defendants are gratified that the jury could get past the sympathy and the tragedy of this case -- it obviously was really sad -- and look at the facts, because that's what we asked them to do," she said.

Albany attorney Kevin A. Luibrand, who represented Anna Marhafer, a kindergarten teacher, said, "We trust the process, and we had faith in the jury, and we understand the result, and we believe the jury did their job as they saw it."

The three men and three women were given a verdict sheet with three questions pertaining to Reddy-Kurrie, Dr. Walter E. Niedzwiadek, the psychiatrist who is director of the mental health unit, and Stutzman. Jurors answered, "No," to all three, clearing the defendants of any liability.

The jury was asked if Reddy-Kurrie departed from accepted psychiatric practice in failing to seek involuntary commitment in a mental hospital for Marhafer.

Jurors also weighed whether Marhafer expressed suicidal tendencies at a meeting with Stutzman shortly before his discharge.

The officer's mother, Sheila Marhafer, testified her son said, "My life is over." Luibrand claimed Stutzman didn't report the comment to doctors and didn't try to stop the discharge.

Defense attorneys claimed the officer may have made the remark at an earlier meeting with his lawyer, Thomas Neidl, and in her grief, his mother confused the two.

Luibrand suggested in his summation that after Marhafer's death, Reddy-Kurrie tried to shift blame in a report to the family for not watching him around the clock.

Defense lawyer Jeffrey J. Tymann of Albany represented Niedzwiadek who was on duty the morning Marhafer was discharged.
Had jurors agreed with Luibrand, they would have to believe that all of the notations in Marhafer's hospital chart were "fabricated," Tymann said.

Jurors decided Niedzwiadek did not depart from proper psychiatric practice by failing to ask Marhafer to explain the difference in his suicidal tendencies on the day of discharge as opposed to four days earlier when he was admitted.

Tymann raised the possibility that Marhafer, wanting to kill himself, fooled the staff and his family by demonstrating hopefulness and resolved to get outpatient therapy.

"The other possibility is something happened at the police station that day," Tymann said.

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Article sourced from

Albany Times Union - Albany, N22 February 2006

Cop's widow loses lawsuit

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Albany Times Union - Albany, N
22 February 2006