Written by a model from the transcript; not yet reviewed.
The episode tells the story of Rachel Waters, a New York resident whose 74-year-old mother Marcia died at a memory care facility in Georgia in July 2023. Marcia had advanced Alzheimer's and multiple myeloma and was on hospice. When Rachel arrived to find her mother in visible pain, the facility's hospice nurses refused to prescribe morphine from a comfort kit. Rachel administered a dose of sublingual morphine per instructions from the hospice hotline, and Marcia died about 36 minutes later. The body was sent to the Georgia Bureau of Investigation crime lab, and Rachel was charged with felony murder and malice murder.
The prosecution's case rested on scant evidence: a nurse's testimony that Rachel "wants Marcia to die," Rachel's Google searches about murder charges, and an autopsy listing morphine toxicity at a concentration lower than typical overdoses. Rachel's attorney sent thousands of pages of medical records to the medical examiner, who revised the cause of death to undetermined. The district attorney dropped all charges less than an hour after speaking with the medical examiner. Rachel has since lost her career and savings, and has drafted a proposed law to protect family caregivers who administer comfort kit medications.
Mother Found Non-Responsivestory
Rachel's mother was found with oxygen saturation in the 70s, a level incompatible with life. The hospice nurse declared her actively dying with hours to days to live.
Visible Agony at the Facilitystory
Rachel describes her mother's face "distorted in agony" looking like a Greek theater mask, with bed sores and dry, unfocused eyes. It was clear she was in immense pain.
Hospice Nurses Refuse Morphinedebate
The hospice nurses said Marcia was comfortable and didn't need the comfort kit. Rachel's friend Allison, also a hospice nurse, called it unusual and not the standard of care.
Running for the Comfort Kitstory
Watching her mother gasp for air, Rachel ran to the front desk to ask if the morphine prescription had come through. It hadn't, so her husband retrieved the kit from the car.
Aides React as If It's Illegalinsight
When Rachel told the aides the hospice hotline confirmed she could give morphine, they said "I don't want any of that" and walked out, reacting as if a crime was being committed.
Homicide Search Warrant Arrivesstory
Two plainclothed investigators came to Marcia's house. The search warrant included Rachel's name and the word "homicide," confirming her fear that she was being treated as a murder suspect.
Indictment Posted on Instagramstory
An anonymous account commented on Rachel's Instagram post asking why she'd been indicted for murder, then posted a copy of an indictment listing two counts: felony murder and malice murder.
Charges Dropped Within an Hourdata
After the medical examiner revised the cause of death to undetermined, the district attorney spoke with him and announced within less than an hour that all charges would be dropped.
A few hours after Rachel Waters’ mother died in hospice care, police showed up at Rachel’s childhood home with a search warrant. “It had my name and the word ‘homicide’ on it.” For more, read Madeleine Aggeler’s article, ‘Oh my God, did someone accuse me of killing my mom?’ Say hello on Facebook, Instagram and TikTok. Sign up for our occasional newsletter. Follow the show and review us on Apple Podcasts. Sign up for Criminal Plus to get behind-the-scenes bonus episodes of Criminal, ad-free listening of all of our shows, invitations to virtual events, special merch deals, and more. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop. Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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