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     Complete tobacco coverage |  | Published Thursday, June 18, 1998 |
Acrimonious court exchanges between Judge Kenneth Fitzpatrick and tobacco industry defense attorneys caused the judge to experience an irregular heartbeat and anxiety, said a document released Wednesday to support his petition for early retirement.
During the nearly four-month Ramsey County District Court trial in the state's smoking-and-health suit, Fitzpatrick, 62, suffered from heart disease, high blood pressure and pancreatic problems as a result of previous gallbladder surgery, said a petition that attorney R. Scott Davies filed with Gov. Arne Carlson on behalf of Fitzpatrick's request for a disability pension.
Tobacco industry attorneys have made critical comments about Fitzpatrick's conduct but apparently weren't aware of his medical situation.
There is no indication in Fitzpatrick's petition that his ability to act as a judge was impaired by his condition or the medication he received to treat his ailments.
He hasn't commented publicly about any aspect of the tobacco litigation since it ended May 8. Davies, of the law firm Briggs and Morgan, wasn't available to comment Wednesday.
However, defense attorneys could raise that issue at some point in their dealings with Chief Judge Lawrence Cohen. Cohen took over the case for Fitzpatrick, who last week asked to be relieved of it. Fitzpatrick is scheduled to retire July 31.
Cohen met privately Wednesday with attorneys for the industry and the state and coplaintiff Blue Cross and Blue Shield of Minnesota in what was called a get-acquainted session.
"We had an informal discussion concerning the status of the case," Philip Morris attorney Peter Sipkins said. "We've already expressed publicly our concern about Judge Fitzpatrick."
Among the open issues are the status of 39,000 confidential documents that Fitzpatrick ordered released just before his retirement was reported. The industry claims that they are protected by attorney-client privilege.
Carlson approved Fitzpatrick's request for an early retirement for medical reasons this month. Documents outlining the specific nature of his condition were released by Carlson on Wednesday with the approval of Fitzpatrick through Davies.
Included in the material was a letter written to Carlson three weeks before the end of the trial by Dr. Frank Indihar, a St. Paul internist who said the case should be Fitzpatrick's last.
He wrote, "Apparently the stresses that the judge is experiencing in his current trial situation [are] adversely effecting his health and heart rhythm, and it is our conclusion that his health will not allow him to continue working on a full-time basis as a judge once his current caseload is completed."
Davies continued in another document: "The normal stress of lengthy litigation was significantly increased by personal attacks on the court, including motions for recusal filed midway through the trial.
"It was during this period, in March of 1998, that [Fitzpatrick] experienced the most severe symptoms, which included racing of the heart, irregular heartbeat, flushed face and significant anxiety about the physical symptoms being manifested."
Defense attorneys claimed that some of Fitzpatrick's decisions were unfair. But all appeals taken to higher courts were denied, and Cohen dismissed the motion to remove Fitzpatrick from the case.
Most recently, industry attorneys criticized Fitzpatrick's post-trial contact with jurors and attorneys for the state and Blue Cross. He and the 12 jurors met to hear lead state attorney Michael Ciresi's closing argument, which never was delivered because the case settled for $7.1 billion hours before he was scheduled to present it.
Defense attorneys want a copy of the video of Ciresi's argument and copies of defense attorneys' closing arguments, which were taken without their knowledge.