'ANGEL' DOCUMENTS WILL STAY UNDER SEAL.

Byline: Donna Huffaker Staff Writer

BURBANK - The man who confessed, then recanted his story of killing up to 50 terminally ill patients at Glendale Adventist Medical Center will not receive documents on the police investigation, a Burbank Superior Court Judge ruled Friday.

After examining toxicology reports and other documents related to the investigation of former respiratory therapist Efren Saldivar, Judge Carl J. West ordered they remain under seal. West said protecting potential evidence in the ongoing criminal investigation is more critical than the interests of the civil attorneys involved in the wrongful death lawsuit filed against Saldivar, he said.

``The Court finds that the prejudice to the parties to this case is slight, while the public's interest in confidentiality is great,'' West said in his ruling.

Friday's ruling was seen as a victory by the attorney representing Saldivar - who has not been charged with a crime during the 2 1/2-year investigation - and the attorney representing the family of John N. Schwartz, who believe Saldivar responsible for the 91-year-old patient's death.

Terry Goldberg, Saldivar's attorney, said there is no evidence to support that his client murdered anyone, and West's ruling corroborates that.

``The plaintiff's case will fail now for sure,'' Goldberg said. ``There is no evidence of wrongdoing, and if there was he would have forced the disclosure. The documents, reviewed only by the court's eyes and ears, are not even remotely relevant to the case. ''

Using the same ruling to bolster his case, Schwartz family attorney Christopher Nicoll said the documents support his contention that Saldivar is linked to Schwartz.

``The autopsy report is obviously relevant to my wrongful death suit. If (Saldivar) was not at all involved, I would dismiss the case. This ruling tells me he is still part of the criminal investigation,'' Nicoll said.

Carmen Merino, Glendale's senior assistant city attorney, also felt the ruling helped her side. ``It's a victory for the public interest,'' she said.

Attorney Nicoll sued Saldivar and Glendale Adventist after the former respiratory therapist allegedly told Glendale Police Investigator William Currie in March 1998 that he euthanized scores of patients who were unconscious, had a do-not-resuscitate order and appeared ready to die, court papers show.

Glendale Police have exhumed 20 bodies since April 1999 and have tested for succinylcholine chloride and Pavulon - two drugs Saldivar told Currie he injected into patients between 1989 and 1997. Saldivar later recanted on a national news magazine TV show.

Authorities, who have remained tight-lipped about the ``Angel of Death'' case since day one, refuse to comment on what, if anything, they have found.