Chua Seeks New Trial
October 31, 2007 -- Got something to say?
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Filam doctor gets life term
BRUNSWICK, Georgia - The lawyer of a Filipino American doctor who was sentenced to life imprisonment for the felony murder of a patient on Oct. 20 has asked trial Judge Amanda Williams for a new trial.
Donald Samuel, lawyer of Dr. Noel Chua made the request shortly after the jury of five women and seven men returned a unanimous guilty verdict on felony murder charges in the overdose death of 20-year-old Jamie Carter 111. Williams also sentenced Chua to five years in prison after he was found guilty of seven of 16 drug charges for violating the Georgia Controlled Substance Act.
Dr, Chua, 46, displayed no emotion when the verdict was read. Supporters of the Filipino American doctor were stunned but remained silent because the judge warned against any outburst inside the Glynn county courthouse here.
District Attorney Stephen Kelley opposed the request of defense attorney Donald Samuel to have Chua held at the Camden county jail saying the convicted murderer had been given preferential treatment there before his trial.
It took the jury of five woman and seven men nearly 11 hours to find the doctor guilty of felony murder and seven of the 16 drug charges for violating Georgias Controlled Substance Act.
The sobbing parents and relatives of Carter were elated over the verdict. They told the media they are glad that justice has been done.
The National Federation of Filipino American Associations (NaFFAA) and other groups in Georgia and around the US who supported Chua have expressed disappointment over the verdict.
Alma Q. Kern, national chair of the National Federation of Filipino American Associations (NaFFAA) said we are deeply disappointed with the guilty verdict on the Dr. Chua murder case. We will continue to support Dr. Chuas exercise of his rights to due process, including his right to appeal.
We thank the many friends and supporters of Dr. Chua who stood by and prayed for him and his family throughout his long ordeal. They were vigilant in making sure that Dr. Chua gets a fair trial, and that his legal rights are protected. We continue to believe in our countrys justice system, which affirms the due process rights of every individual.” Filipino American groups in Georgia who have been very vocal about the innocence of Dr. Chua was also dismayed by the verdict.
The jury announced the verdict 11 hours after the prosecution and defense rested their case. The trial started on Oct. 15.
Medical experts for the prosecution argued Chua prescribed drugs to Jamie Carter for no valid medical reason and compared the defendant as a drug dealer.
Attorneys for the defense had medical experts testify Chua followed acceptable medical practices when he prescribed different prescriptions of narcotic pain killers to treat Carters chronic pain from headaches.
The prosecution said the St. Marys doctor had over-prescribed drugs that led to the death of 20-year-old Jamie Carter III on Dec. 15, 2005. Prosecutors said the drugs prescribed to Carter were for no apparent medical reason.
Supporter for Carters family and Chua have been in the courtroom since 9 a.m., Saturday when Judge Williams gave the jury instructions on how the law applies to each of the criminal charges, all felonies.
The media said earlier that many people who have watched the trial all week say they dont believe the jury will return a guilty verdict on all the charges against Chua. But few are predicting he will be found not guilty on all 16 drug charges.
Defense attorneys argued Carter was suffering from chronic headaches and Chua followed medically acceptable practices when he prescribed the drugs for his patient.
The jury also heard testimonies earlier about the reported sexual relationship of Chua with Carter and other young men who used to sleep in his home or whom he brought with him to out-of-state trips.
Prosecuting attorney Kelley described Chuas attempt to hide details of his treatment to Carter a web of deceit to mislead investigators. He said Chua didnt disclose Carters past hospitalization or the many prescriptions written to Carter when a coroner arrived the day of the overdose death. Kelley also accused Chua of fabricating medical records to protect himself after Carters death. He also questioned why Chua never called Carters family after his death at his residence.
Why not cry with them and say, Im so sorry, he said. Why not a card? Why not attend the funeral?”
The facts in the case came back to haunt him, Kelley said of Chua.
He said medical experts said methadone was enough to kill a person. Other drugs found in Carters system also contributed to the overdose death.
During the closing arguments, Samuel told the jurors that the prosecutors were blaming Chua for Carters death because the latter did not follow the directions on the prescriptions.
John Garland, one of the defense attorneys for Chua, also said in his closing arguments Oct. 19 that jurors must ask themselves if based on the evidence presented if Dr. Chua was not acting as a doctor trying to treat a patient.
Were not talking about Dr. Chua being better or worse than other physicians, he said. The drugs prescribed by Chua were not outside the bounds of normal medical practice.
Samuel told jurors during closing arguments that the issue is not about Chuas ability to keep accurate medical records. It makes absolutely no difference if a doctor keeps no records or sloppy records, he told jurors. Its not a crime to keep sloppy or incomplete medical records, he told jurors. The trial is not about a doctors code of professional responsibility, he said.
During the trial, evidence was presented to prove that Carter also got prescriptions from other doctors while he was under Chuas care.
It is only when a person abandons his role as a doctor that a jury can find Chua guilty of a crime, he said.
Medical experts testifying on behalf of the defense all said the drugs prescribed by Chua were appropriate to treat Carters headaches, he said.
As for the presence of drugs found by police in his office drawer, Samuel said this proves that Chua insisted patients return unused drugs before hed write another prescription. Chua had no way to know Carter had additional drugs the day he died besides methadone, Samuel said.
Marites Tess Feliciano, the sister of Dr. Chua who used to reside with him in his home, said two other young men under the age of 20, besides Jamie Carter, also worked in Chuas office in the past and slept in his room during weekends.
Feliciano denied the prosecutions contention that she had expressed concern to Chua about his relationship with male patients visiting his home.
Jurors were excuse from the courtroom after Johnson brought up the subject of how Feliciano immigrated to the United States from the Philippines. He insinuated Feliciano was not telling the truth because she depended on her brother for her support in the immigration issue.
Feliciano denied going online to discuss the case against her brother. She denied sending any money collected for Chuas defense fund to support another brothers political campaign to the Philippines.
Pharmacist Mark Mitchell of Wal-Mart testified earlier that he filled a prescription for methadone for Carter III on Dec. 9, 2005, less than a week before his overdose death in Chuas St. Marys home. He related that Carter three days later brought another prescription from a physician for morphine.
The prosecution also questioned why Chua had medications several years old stored in his desk drawer in this office. It also faulted the doctor for failing to keep records of prescriptions returned by Carter or the lack of records on how Carter responded to the medications prescribed by Chua, he testified.
Dr. Hueston, a witness for the defense, said it was still appropriate for Chua to prescribe narcotic pain medications to Carter.
The undocumented prescriptions written by Chua to Carter would be a violation of the medical board in South Carolina, where Hueston practices medicine, he testified. Some medications prescribed to Carter by Chua were changed so quickly,Hueston said it would be impossible to evaluate whether they were effective.
The first time Carter was hospitalized in a St. Marys hospital in November 2005, Hueston said Chua prescribed 10 milligrams of morphine several hours after he was admitted. Carter was given more morphine, demoral and valium during his two-day stay in the hospital.
I dont see anything wrong with that at all, Hueston said.
Carters request for Demerol to replace morphine to manage pain while he was hospitalized is typical behavior by people with a drug problem, Hueston said.
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I was a patient of Dr.Chua’s and after his arrest I visited him in jail at least once a week every week he was in jail before his trial. I attended court everyday from jury selection until the verdict was read. And with all honesty and sincerity Dr.Chua is not guilty of murder. Dr.Chua tried to help Jamie and it backfired in his face. Dr.Chua is probably the nicest ,sweetest most faithful man I have ever met. He is to me a gift from god. I do not not understand how he was found guilty and I will pray everyday that a way will be found to get him out of this mess. Me and numerous other supporters here in Ga. will not give up trying to free Dr.Chua and right this wrong that has been done to him. God Bless and watch over Dr.Chua as he starts this new chapter of his life, we will not give up on him..
dr. noel chua is the most sincerest, kindest man i’ve ever met. i have been his friend throughout all this ordeal. he has continued to teach kindness to people inspite of hatefulness. sometimes kindness is not always good especially if it is taken maliously by other people. dr. chua’s life has been focused on helping people, he treats his patients and friends as his own family. carter was no exception. dr. chua is a gift from god to people that know him, even in this darkest hour of his life, he continues to show grace and dignity. you will never hear a cross word or a word of contempt that comes out of his mouth. i am proud of dr. chua and i will continue to support him until true justice is served.
Plz reply with use full information, i have brother having Alcohol addiction from last 7 years. He is suffering to much