State v. Perry

582 S.E.2d 708, 159 N.C. App. 30, 2003 N.C. App. LEXIS 1435
CourtCourt of Appeals of North Carolina
DecidedJuly 15, 2003
DocketNo. COA02-1356
StatusPublished
Cited by4 cases

This text of 582 S.E.2d 708 (State v. Perry) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Perry, 582 S.E.2d 708, 159 N.C. App. 30, 2003 N.C. App. LEXIS 1435 (N.C. Ct. App. 2003).

Opinion

TYSON, Judge.

Laurence Perry (“defendant”) appeals from his convictions of and sentence for involuntary manslaughter and practicing medicine without a license. We find no error.

[33]*33I. Background

In March of 1997, Helena Rose Kolitwenzew (“Rose”) was six years old and was diagnosed with Type I Juvenile Diabetes. Rose’s mother, Marion Kolitwenzew (“Marion”), was informed that her daughter would be insulin dependent for the rest of her life. Marion tried many methods of alternative medicine for her daughter including blue shark embryo injections in Mexico and acupuncture. On several prior occasions, Rose had to be taken to a medical facility to be treated for low blood sugar when her mother either did not administer her insulin or reduced her insulin level. Rose was being treated by Simon Becker who believed “that what Rosie had was a virus, that it was acting viral.” During all of her alternative medicine treatments, Marion continued to take her daughter to a medical doctor.

In September 1999, Becker referred Marion and Rose to defendant, a naturopath. Defendant lived and worked in Polk County. On 20 September 1999, Marion took Rose for her first visit to defendant at his Polk County office. Marion listed her address in Transylvania County. Marion testified that defendant’s office was set up with examination rooms similar to a doctor’s office and that there were “medical instruments” in the cabinets in the room. Defendant wore a white coat. Marion testified that, at that first meeting, defendant informed her that “he was a consultant for the Government on viruses.” Defendant began rubbing olive oil on Rose’s feet and marking them with a magic marker.

Defendant started Rose on a vitamin C regimen to determine whether she was truly diabetic. On 4 October 1999, Marion again brought her daughter to defendant in Polk County who determined that Rose had a virus which caused Rose’s blood sugars to be elevated. His treatment attempted to “teach” Rose’s immune system to make the virus not affect the blood sugars. Defendant orally and in writing instructed:

Start 10/4/99, Arnica liquid extract, take five drops on tongue, five times a day, follow with water. Take for five days and stop. For blockages in the blood supply of the kidneys (arteries) pus type blockage. She has lot of poisons in her body and moving to Mexico will be good for patient to receive the care she needs. Remove all other supplements and medications for four weeks except Beyond Chelation Packets. Begin 10/9/99, Beyond Chelation Packets, take one dose each morning with food for four weeks and stop. To reduce infection and raise the immune sys[34]*34tem. Resume treatments in Mexico afterwards. Prepare to stop insulin in approximately four weeks. Diet, a lot of peanut butter and legumes with regular medications.

Marion testified that Defendant instructed her, through telephone conversations relayed by Janice, defendant’s employee, to reduce Rose’s insulin. On 19 October 1999, defendant instructed Marion to stop all insulin. Over the course of the next three days, defendant called the office “20 to 50 times.” Marion testified:

[Rose] was vomiting. He told me not to take her blood sugar because we would go into shock because it would be so low, but I took her blood sugar and it was 477. He told me that this was a reaction, a shock reaction, it was just stress. I begged him to help me put her back on the insulin. I asked Janice, I told Janice, I said we need to put her back on the insulin, and Janice told me he can no longer see you if you— ... If you put her back on the insulin, if you don’t follow his directions. He told me — I explained to him that I didn’t think this was the right time to do this, this wasn’t working, and that we needed to put her back on the insulin, and I was talking to him directly and he said to me that her system was weak and that she could beat this virus now. It was like a moon shock and it was a window of opportunity now, and if we didn’t take it now, she would never be able to overcome it, and if she didn’t overcome it now, that she would be on dialysis in three months. And he assured me that he knew what he was doing, that he had done this hundreds of times and that I would have my little girl back without insulin.

On 21 October 1999, Rose died from diabetic ketoacidosis.

Defendant testified on his own behalf that he held himself out as a naturopath. He testified that it was hard to obtain information from Marion and he called her “one of the most difficult parents that I have ever had to deal with.” During multiple calls to defendant from Marion, defendant told Marion to “give insulin now” to Rose. Defendant testified he “never told her to just quit insulin.” He told her that he could not prescribe anything but that he could recommend.

I told her not to [stop insulin]. I told her in the way that insulin is something that — especially type 1, is something that a person is just going to have to take the rest of their life. You’re not going to be able to get her off. However, you can supplement that insulin with supplementations of vitamins and so forth, nutrition that [35]*35will help the person, whoever they are, cope with having to take insulin as a type 1 diabetic.

At 7:50 pm on 20 October 1999, defendant called Marion in response to multiple calls from her. Defendant was shocked by how high Rose’s blood sugar level was and was “more in, if you will, an argument with her why she’s not giving Rosie insulin.” Defendant was indicted and tried in Buncombe County.

The jury found defendant guilty of involuntary manslaughter and practicing medicine without a license. The trial court entered judgment and sentenced defendant to a consolidated active sentence of twelve to fifteen months. Defendant appeals.

II. Issues

Defendant contends the trial court erred in (1) failing to dismiss for improper venue, (2) admitting into evidence a note from defendant’s employee to Marion, (3) refusing to allow defendant to question Lieutenant Fredrickson whether the State would issue a license to an illegal business, (4) admitting testimony from an officer concerning what medical records stated, (5) admitting evidence regarding defendant’s treatment of another patient, (6) admitting testimony and photographs regarding the appearance of the schools on defendant’s diplomas, (7) refusing to admit character evidence of defendant’s habit and character for being a law-abiding citizen and not holding himself out as a physician, (8) denying defendant’s motion for mistrial because of statements regarding an SBI investigation, (9) denying defendant’s motion to dismiss for insufficient evidence, and (10) failing to sustain objection to improper closing arguments.

III. Venue

Defendant contends the trial court erred in denying defendant’s motion to dismiss for improper venue.

Defendant was indicted for both the felony of involuntary manslaughter and the misdemeanor of practicing medicine without a license in Buncombe County. Defendant had lived and worked in Polk County for more than fourteen years. The face-to-face visits between Rose, Marion, and defendant occurred only in Polk County. The listed address for Marion and Rose was in Transylvania County. The cell phone used by Marion was based in Transylvania County. During the last days of Rose’s life, she and her mother had been staying in a camp ground inside of Buncombe County.

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Related

State v. Greene
795 S.E.2d 815 (Court of Appeals of North Carolina, 2017)
State v. Black
Court of Appeals of North Carolina, 2015
State v. Jones
Court of Appeals of North Carolina, 2015
State v. Ragland
739 S.E.2d 616 (Court of Appeals of North Carolina, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
582 S.E.2d 708, 159 N.C. App. 30, 2003 N.C. App. LEXIS 1435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perry-ncctapp-2003.