Because the Justice Department did not chargehimwithmurder or manslaughter, and they said that the complication in the case was that Abdul Wali's family would not agree to have an autopsy.
And what we're waiting to find out now is whether the file that the police have handed over yesterday to the Crown Prosecution Services, whether that contains his name and whether that Prosecution Services are actually going to chargehimwith the murder.
But instead Kevorkian administered the fatal "death potion" to Youk himself, inviting prosecutors to chargehimwith first-degree murder for the first time.
The actor pleaded not guilty on Monday to four counts against him, including a first-degree murderchargewith a special circumstance of "lying in wait" that allowed prosecutors to seek the death penalty.
His true identity as a German immigrant with a checkered past was unveiled in connection with his kidnapping of his daughter and the more recent murdercharge against him.