The Nation - News from Aug. 4, 1988

The original attorney for Roswell Gilbert, the elderly man seeking a new trial in the mercy killing of his ailing wife, said he erred in preparing Gilbert’s defense but denied his mistakes resulted from a conflict of interest. Gilbert, 79, was convicted and sentenced to life in prison for killing his wife Emily March 4, 1985, by shooting her twice in the back of the head with a 9-millimeter luger at their Ft. Lauderdale, Fla., condominium. Gilbert said he killed his wife of 51 years to relieve her pain from Alzheimer’s disease and osteoporosis, a degeneration of the spinal column that results in frequent fractures and sharp pain. Gilbert’s current lawyer, Bradley Stark, is seeking a new trial, claiming that Joseph Varnon had a conflict of interest when he made an agreement with Gilbert for his life story in which the lawyer received 90% of profits from book, movie or TV rights in lieu of a fee.