PORTLAND — Mercy Hospital this morning produced documents sought by the defense in Ernest Weidul’s manslaughter trial.

The state supreme court on Wednesday dismissed the hospital’s appeal of the trial judge’s order to produce records from reviews of the death of the alleged victim.

Additional Photos

Ernest Weidul, right, with his attorney Thomas Connolly during a January court hearing in Portland. Weidul is charged with manslaughter in the death of Roger Downs Jr. in May 2010. John Patriquin / Staff Photographer

Weidul, 52, is charged in the 2010 death of Roger Downs Jr. He is accused of recklessly or with criminal negligence causing Downs’ death, after the two downed a half-gallon of coffee brandy, then got another bottle and drank that.

The prosecution is arguing that Downs died from a closing of his airways arising from injuries inflicted by Weidul. Weidul’s legal team argues that Downs died from a type of pneumonia.

Mercy Hospital did not diagnose or treat Downs for pneumonia. The reviews were triggered because Downs’ death may have been unanticipated.

The hospital argued that the defense had access to same records that the reviewers used in their evaluation but did not need the opinions of the reviewers.

Superior Court Justice Joyce Wheeler reviewed the documents this morning and determined that some would be provided to the defense and that others will remain sealed. She will put in place a number of restrictions on the information, such as the redaction the reviewer’s identities.

The trial has been on hold until the resolution of the documents dispute.

Opening statements are scheduled to take place Friday morning.

Related Stories