Man Who Says He Helped in Suicide Won’t Be Charged

The Los Angeles County district attorney’s office announced Thursday that it will not file criminal charges against Marty James, a West Hollywood AIDS counselor who says he helped a terminally ill AIDS patient commit suicide last year.

The decision not to prosecute James was based on the legal requirement that the prosecution be able to prove the basic elements of a crime independent of any confession or other statements made by a suspect, according to Deputy Dist. Atty. Eldon Fox, who is in charge of the district attorney’s Beverly Hills office.

“This could not be done in this case,” Fox said.

James, 34, appeared as a guest on the March 31 broadcast of the ABC television show “Nightline.” During the program, he said he had assisted a terminally ill AIDS patient in West Hollywood commit suicide in November.

James later identified that man as Keith Lower, 28, who was suffering from AIDS-related complex, a disabling disease closely associated with acquired immune deficiency syndrome.

James said it was at Lower’s request that he prepared a deadly concoction of barbiturates and grape juice.

His on-the-air confession, and his subsequent elaboration in an interview with The Times, led to a criminal investigation by the Los Angeles County sheriff’s homicide division, which then referred the case to Fox’s office.

James said he has worked with AIDS-related organizations since 1984. He also is battling ARC.

Neither James nor Lower’s parents could be reached for comment.