| Robert DiazRiverside
	County, CaliforniaDate of Alleged Crimes:  April 1981
Robert Rubane Diaz was sentenced to death for the murders of 
	12 hospital patients.  In early 1981, Community Hospital of the Valleys 
	in Perris, California experienced an abnormally large number of deaths among 
	its most elderly patients.  To gather evidence, the coroner exhumed or 
	intercepted all the patients who had recently died and he collected tissue 
	samples from them.  The coroner found that 11 patients had a supposedly 
	lethal level of the heart drug lidocaine in their system.  
	Investigators focused on Diaz, a male nurse, who worked at the hospital 
	during many of the deaths.  They also investigated his previous 
	employment and came up with a 12th patient from another hospital whose 
	exhumed body showed a supposedly lethal level of lidocaine.
 High levels of lidocaine were not necessarily indicative of poisoning as 
	hospital staff used the popular drug liberally on its patients.  There 
	was no direct evidence against Diaz.  No one had seen him inject a 
	patient with a fatal dose of anything.  He had no apparent motive to 
	kill anyone.  An alleged “smoking gun” syringe filled with an 
	especially high solution of lidocaine was found hidden in the Valleys 
	hospital 7 months after it closed.  It fit the prosecution's theory of 
	how the alleged murders occurred.  However, it appears to have been 
	planted.
 
 After Diaz's arrest, investigators from the public defender's office found 
	that the hospital's care was abominable.  It was not unusual for there 
	to be a Code Blue alert every night, and not just during Diaz's employment 
	there.  Employees were often unable to read heart monitors and other 
	basic equipment.  Doctors often failed to respond to emergencies.  
	During the deaths Diaz reportedly blamed the doctors who showed up late.  
	Diaz may have served as a fall guy for the doctors.
 
 Following standard procedures, Diaz's defense would be extraordinarily 
	costly to the cash strapped public defender's office.  To save money, a 
	new administrator fired all the investigators and implemented a budget 
	defense for Diaz.  The reasoning seemed to be, “Better to sacrifice one 
	suspected serial killer, than to risk harming the mass of the office's 
	clients.”  At trial, Diaz's defense took the unusual tactic of saving 
	money for itself and the state by presenting its case before a judge rather 
	than a jury.  This tactic was unusual because a judge would likely feel 
	political pressure to convict a suspected serial killer.  Most jurors 
	would not likely feel as much pressure, and a single unconvinced juror could 
	stop a conviction.
 
 The judge convicted Diaz of 12 counts of first-degree murder.  At 
	sentencing, the defense failed to present character witnesses.  It 
	could at least have had each of Diaz's five children state, “Don't kill my 
	Daddy.”  The defense's short plea for mercy was that Diaz had saved the 
	state a considerable amount of money.  The judge was not impressed and 
	sentenced Diaz to die, ironically by lethal injection.
 
 Following Diaz's conviction, his appeal attorneys located, in 1989, a study 
	of 140 lidocaine patients done by the Coroner's Office of Nassau County, NY.  
	The study found that 24 of the patients had similar levels of lidocaine as 
	Diaz's alleged victims, but that none of the 24 were suspected of being 
	poisoned.  The study concluded that there is a great difference in the 
	rate at which different patients metabolize lidocaine.  The assumption 
	that Diaz's alleged victims died of lidocaine poisoning appears unfounded.  
	Diaz has since exhausted his state appeals, but in 1998 a federal judge 
	granted him an evidentiary hearing.
 
	________________________________ 
	Reference:  American Justice
 Posted in: 
	Victims of the State, 
	Southern California Cases, 
	Mass Murder Cases
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