Readify

Arrests of Anna Pou, Cheri Landry, and Lori Budo

Five Days at Memorial

The arrests of Anna Pou, Cheri Landry, and Lori Budo on July 17, 2006, transformed the investigation into patient deaths at Memorial Medical Center into a criminal case with named defendants and four specific alleged victims. Warrants accused the women of participating in second-degree murder at LifeCare Hospitals during the Katrina emergency. The arrests came after months of evidence gathering, but did not settle the central dispute: whether medication given amid a failed evacuation and extreme conditions constituted intentional killing, or whether the deaths could be understood in another way.

The decision over charges

The arrest plan followed a contentious discussion within the attorney general’s office. One prosecutor proposed elevating the charges to first-degree murder, which could apply under Louisiana law when someone acted with specific intent to kill a person older than sixty-five, or more than one person of any age. The proposal raised the prospect of the death penalty. Kris Wartelle, the attorney general’s public information director, forcefully opposed it, regarding such a charge against health professionals working during Katrina as excessive, particularly when even a second-degree murder investigation had drawn public anger.

Another attorney suggested reducing the charges to manslaughter. That offense could cover a killing committed in sudden passion after provocation, or a case without intent to kill, and carried a maximum sentence of forty years. The argument for second-degree murder prevailed. The disagreement made clear that the arrest decision was not simply a question of whether medication had been administered: prosecutors were choosing among legal theories that carried very different implications about intent, culpability, and punishment.

Wartelle also worried about the public consequences of surprise arrests. She advised Charles Foti to avoid a televised perp walk and asked him to slow down so she could help prepare him for questions at a press conference. Virginia Rider and Butch Schafer likewise opposed surprise arrests. Rider, who was responsible for organizing them, was uneasy about the prospect; Schafer objected strongly within the attorney general’s office. He believed the women’s lawyers expected their clients would be allowed to surrender voluntarily, and he had promised to contact them if the plan changed. But the decision belonged to Foti, and the arrests proceeded.

The warrants and their evidence

On the afternoon of July 17, Rider drove to New Orleans carrying arrest affidavits and warrants for Pou, Landry, and Budo. Her affidavit assembled the allegations primarily from four LifeCare witnesses: Diane Robichaux, Therese Mendez, Kristy Johnson, and Steven Harris. Their accounts described a discussion in which Susan Mulderick had said the LifeCare patients were not expected to be evacuated alive and that staff needed to consult Pou. According to the affidavit, Pou later told Mendez that the patients would receive a lethal dose and that LifeCare staff should leave.

The affidavit also described disagreement at the bedside. One patient was conscious, weighed 380 pounds, and, according to the account, was not to be sedated at the request of Pou because LifeCare staff refused. Harris said that he provided Pou with morphine, Versed, and injection supplies. Johnson said that she brought Pou and two Memorial nurses to the patients’ rooms and watched a nurse later identified as Budo inject Rose Savoie. The affidavit reported that Savoie said the injection burned. These were allegations gathered for the warrant, not findings made at a trial.

Toxicology results formed another part of the case. Of eighteen Memorial bodies whose tissue samples were tested, nine tested positive for morphine, while another five or six tested positive for midazolam. The four patients named in the arrest affidavit were LifeCare patients from the seventh floor: Emmett Everett, Savoie, Ireatha Watson, and Hollis Alford. Watson, eighty-nine, had dementia and had been treated for gangrenous toes; Alford, sixty-six, had schizophrenia and was gravely ill with a blood infection. Pathologist Cyril Wecht concluded that all four had died from lethal amounts of the drugs. The warrants alleged that the women had intentionally killed them, while the investigation had not established exactly who administered medication to each patient.

A judge signed the warrants at about six in the evening. They charged the women as principals to four counts of second-degree murder, a theory that allowed prosecutors to allege participation in the act without specifying that each defendant had personally given each injection. The distinction mattered: the accusation concerned shared participation, while the witness accounts described different roles in obtaining medication, escorting clinicians, and administering injections.

Pou’s arrest

Rider delivered the warrants for Landry and Budo to their arrest teams in New Orleans, then returned to Baton Rouge. At a shopping center near Pou’s home, agents coordinated the final arrangements. Around nine that evening, Rider and a colleague went to Pou’s house. Pou answered the door alone, wearing surgical scrubs. The agents informed her that she was under arrest and allowed her to change into clean scrubs before leaving.

Pou asked about her patients and explained that she was waiting for an urgent laboratory result. Rider let her telephone the doctor covering for her so that she could pass along patient-care concerns and cancel her scheduled operations for the week. Pou then received and acknowledged her rights, declined to answer questions without a lawyer, and was handcuffed. The agents took her to East Baton Rouge Parish Prison, where she was booked, fingerprinted, and photographed shortly before ten-thirty. She was told that she would be booked as a fugitive because the warrant came from another parish; Rider explained that the term referred to the jurisdictional circumstances, not to an allegation that Pou was fleeing.

The arrest scene placed two kinds of responsibility side by side. Pou was being removed from her medical work and processed as a defendant, while she continued to ask that patients under her care be monitored. The account also records ordinary accommodations during the trip, including allowing her to travel with her hands in front rather than behind her back and helping her with a water bottle. Such details do not alter the accusation, but they keep the arrest from becoming merely a public image of handcuffs: it was also a procedure conducted by investigators who had spent months assembling a case and who remained aware that the encounter would change the suspect’s life.

Public claims and the defense response

At a press conference the following afternoon, Foti announced that Pou, Landry, and Budo had been arrested for four counts of principal to second-degree murder. He explained principal liability as assistance or participation, and said investigators had not yet determined exactly who had injected which patient. He also described morphine and midazolam as a lethal combination that guaranteed death. That formulation overstated what the drugs alone established: the combination could be fatal, but could also be administered safely with appropriate care. Foti’s brief, forceful description offered reporters a memorable account while compressing a more uncertain medical and evidentiary question.

Foti called the alleged conduct homicide rather than euthanasia, while acknowledging that the claim would have to be proved in court. He emphasized that patients were still being evacuated by helicopter and boat when the injections allegedly occurred, and distinguished the three accused women from other clinicians who had cared for patients under exceptionally difficult conditions. He also said the investigation was continuing and that further arrests were possible. At the same time, he stated that the women were presumed innocent and that any prosecution would be up to Orleans Parish District Attorney Eddie Jordan and, if Jordan pursued murder indictments, a grand jury.

The defense response challenged both the timing and the public presentation. Rick Simmons accused Foti of staging the arrests for media attention and argued that law-enforcement resources would have been better used elsewhere. He stressed that the arrests were not formal charges and that prosecution authority rested with Jordan, not Foti. Simmons described the affidavit as a document of allegations and said he intended to present evidence to Jordan in an effort to dissuade the district attorney from taking action.

The dispute over the arrests therefore began immediately on two fronts. The warrants assembled witness accounts and toxicology into a specific allegation about four deaths; the press conference converted that allegation into a public narrative of intentional homicide; and the defense insisted that neither the warrants nor Foti’s rhetoric resolved guilt or determined whether the case would be prosecuted. Against the background of Memorial’s evacuation crisis, including a policy that placed patients with do-not-resuscitate orders last, the arrests made the distinction between treatment decisions, abandonment, and criminal intent the central question still to be answered.