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LAWYER HOPES OVERSIGHT WILL CHANGE PLAN TO TRY KEVORKIAN

A lawyer for Dr. Jack Kevorkian said Saturday he will use a judge's apparent oversight of a witness' testimony to keep the suicide machine inventor from being tried on murder charges in the deaths of two women.

Attorney Geoffrey Fieger said he will file a motion to head off a trial after Kevorkian's arraignment March 12.On Friday, Rochester Hills District Judge James Sheehy ordered the 63-year-old retired pathologist to stand trial on two counts of murder in the Oct. 23 deaths of Sherry Miller, 43, and Marjorie Wantz, 58.

Kevorkian remains free on bond.

Fieger said his motion requesting that no trial be held will focus on an apparent oversight in the judge's opinion. Sheehy said Kevorkian must be tried because of a lack of testimony from witnesses regarding who activated the devices that caused the women's deaths in a secluded cabin.

Miller died from inhaling a fatal dose of carbon monoxide, Wantz from a lethal injection of drugs. The women, who were painfully but not terminally ill, were connected to separate devices invented by Kevorkian.

"Only Dr. Kevorkian and his sister were present in the cabin to witness the deaths, and no testimony was presented as to who activated the two death devices," Sheehy said.

Sheehy's opinion did not mention Sharon Welsh, a friend of Miller who testified before Sheehy at the preliminary hearing that she saw the women trigger the machines.