Depositions of high-ranking government officials generally are barred from routine litigation, Magistrate Paul Warner said in an order issued this week. However, Shurtleff's "unusual personal involvement" in the case calls for an exception in a lawsuit filed by Parker's parents against state officials, he said. "Because Mr.
Shurtleff was personally and publicly involved in this high-profile case, the court finds that special circumstances exist warranting Mr. Shurtleff's deposition regarding his public statements about the underlying matter," Warner wrote. Among them was this comment on ABC's Good Morning America: "We hope that the parents, and we still hope that the parents will come through and do additional tests and ultimately agree with, with now seven different medical professionals throughout the country that this is the only way to save Parker's life.
" "There was huge public interest in this," Shurtleff said. "My feeling is that public officials should respond when there are questions." He said he probably will appeal the decision to U.
S. District Judge Paul Cassell. Warner is hearing pretrial motions in the case; Cassell will preside over the trial of the lawsuit, scheduled for next year.
The case, which drew national attention, began when a small tumor removed from under Parker's tongue was diagnosed as Ewing's sarcoma, a rare form of cancer found mainly in children. Barbara and Daren Jensen said they initially were ready for chemotherapy but doctors refused to run a genetic test to confirm that their son had Ewing's sarcoma. The parents said they were concerned about subjecting Parker, then 12, to dangerous chemotherapy without being certain of his condition.
Hospital officials made a medical neglect claim to the Division of Child and Family Services (DCFS) and in August 2003, 3rd District Judge Robert Yeates order the state to take custody of Parker. After briefly disappearing with Parker, the Jensens agreed to follow the advice of a doctor of their choosing and regained custody. Their Idaho doctor said the tumor tested positive for Ewing's sarcoma and advised chemotherapy.
The Jensens disputed the test result and demanded the right to direct Parker's care. Days later, state officials abandoned their fight to force the boy into chemotherapy. The parents sued in 2005, claiming that DCFS employees and the Attorney General's Office violated their rights by misleading Utah courts in an effort to force Parker to submit to chemotherapy.
Among the defendants are Richard Anderson, then-DCFS director; Susan Eisenman, an assistant Utah attorney general, and Kari Cunningham, a DCFS social worker. In his ruling, Warner noted that Shurtleff made statements about the case that were widely disseminated in local and national media outlets. The magistrate said Shurtleff "presumably" obtained the information from the defendants or their co-workers.
Karra Porter, a lawyer for the Jensens, said Thursday that Parker, now 16, is healthy and "doing great.
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