Sounding Off:

As Juror No. 2 in the 1984 trial the State of California vs. Tony Protopappas, I sat in the courtroom for close to six months and heard exactly 70 witnesses testify, including the defendant himself.

I and the rest of the jury found Protopappas guilty on the basis of implied malice in the matter of the three patients who died as a result of the dentist’s acts. Dist. Atty. Jim Cloninger defined implied malice as follows: 1. The act was intentional and the act involved a high risk of death; 2. The act resulted in a human death; 3. The acts displayed base and wanton disregard.

In effect, Protopappas’ acts displayed a conscious disregard for human life. Protopappas, as evidenced by the testimony of 49 prosecution witnesses, realized the lethal risk of his actions and chose to go ahead anyway. We’re not looking at a man with “lack of insight,” as written by Judge Ikola (“Judge: Killer must be freed,” March 10); we’re dealing with a man who killed three people because of his disregard for human life.

Protopappas took the stand as the first witness in his defense. I had observed him sitting at the defense table, at that point, four days a week for many months. Protopappas testified under oath for several days, during direct examination, cross-examination, re-direct and re-cross. He committed perjury throughout his testimony.

For one, his application for a state license to conduct oral surgery indicated that he had received a year of post-doc training in anesthesia. This was a lie. A witness testified that Protopappas had withdrawn from the post-grad program after one month. Protopappas lied; he had provided false evidence to the California Dental Board in order to get his license to administer general anesthesia. He was unqualified and yet he chose to give drugs. This displayed Protopappas’ disregard for human life. He had a license to kill.

Protopappas testified that he had bought medical heart/breathing monitors. Protopappas claimed that he was fully aware of his patients’ vital signs. Pure perjury! Protopappas bought this equipment after the second death, as testified to by the salesman of this medical equipment — a surprise witness for the prosecution that blew Protopappas’ case out of the water.

At the time of the deaths, the only life-saving medical equipment Protopappas had in his offices was an oxygen tank and that even with an “illegal” mask. He did not have a defibrillator, as required by law for medical or dental offices that administer general anesthesia. Protopappas did not even use a blood pressure cuff to check the vitals of the patients before administering the drugs. Again, Protopappas displayed a wanton disregard for human life.

For all three patients who died, before and during the various procedures conducted, Protopappas ignored over and over again the fears and recommendations of other doctors, other dentists, and his own dental assistants. One of the people who died was in the dental chair for close to eight hours, thrashing about, gasping for breath. Everyone else knew that what Protopappas had commanded (more drugs to keep her “down”) was wrong. But no, he knew better than anyone else.

“I’m in charge here. Give her more!” That patient was 12 years old.

Protopappas used a “B” team of “ghost” dentists who worked in his office. These two testified, under immunity, that they were unlicensed to practice. (After the trial, one of the two “ghosts” committed suicide. A retired coroner who testified on Protopappas’ behalf also later committed suicide.) We heard that Protopappas would start all procedures so that the patient believed he was doing the work. As soon as the patient was unconscious, the B team took over. Protopappas paid these unlicensed dentists $400 for their work, and then he would charge the patient thousands. Arrogance? Greed? Narcissism? Not even close: This was criminal deception and malpractice.

After the conclusion of the trial, I began reading all the newspaper coverage that my family and friends had saved for me. I recall a quote by Protopappas. He stated that he’d been stabbed in the back by the jury and that he would get even. That statement scares me. Protopappas, criminally deceptive, criminally amoral, is responsible for the death of three people who trusted him. If he is released, I will fear for my life.

FLO MARTIN lives in Costa Mesa.