Trial of Heart Surgeon Barred Until Navy Reinvestigates Case

The Navy, despite two earlier investigations, was told Monday that it may not court-martial one of its heart surgeons on manslaughter charges until it conducts another pretrial probe.

In a victory for attorneys representing Dr. Donal M. Billig, a military judge ruled that the service had failed to ensure the impartiality of an officer selected to oversee an earlier pretrial investigation.

Impartiality Required

The military judge, Lt. Col. Hugh S. Atkins, ruled that Commodore H. James Sears did not meet strict Navy requirements of impartiality to preside over the investigative hearing earlier this fall. Sears was a member of a Navy board of inquiry that had returned charges of involuntary manslaughter and dereliction of duty against Billig last June.

Billig’s attorneys then successfully argued that, under military law, he was entitled to a formal pretrial investigation and the right to cross-examine his accusers. Sears was named to head that investigation.

Atkins’ ruling means that the Navy must restart its pretrial investigation and forgo its plan to begin Billig’s court-martial next month, a Navy spokesman said. He said that the Navy would move quickly to appoint a new investigating officer but refused to predict how long the case might be delayed.

Although the issue has yet to surface publicly, Navy attorneys are known to be concerned that any lengthy delay in starting a court-martial could allow Billig to argue that he has been denied his right to a speedy trial.

Five Patients Died

Billig is accused of involuntary manslaughter in the deaths of five patients on whom he performed open-heart surgery when he was chief of surgery at Bethesda Naval Hospital, between June, 1983, and November, 1984. The Navy has accused Billig of bungling the operations. It has also charged that Billig failed to disclose he had eye problems.