Jacksonville.com
The Trial of Dr. Chua
Chua, 45, has been held in the Camden County jail since September 2006 when he was arrested and charged with the drug overdose death of Jamie Carter III. Prosecutors say Carter, 20, died from drugs Chua prescribed for no legitimate medical purpose.

Friday, October 19, 2007

Prosecution asks jury for a guilty verdict

District Attorney Stephen Kelley began the prosecution's closing arguments by telling the jury to reach a verdict "that reaches the truth in this case."

"I am here to ask you to convict Noel Chua on the charges against him," Kelley said.

He said the prosecution does not have to prove its case "to a mathematical certainty."

"We only have to come in here and prove to you the elements of all these charges to a reasonable doubt," he said.

He said Chua didn't have to have intent to convict him of murder. Instead, the felony of violating the state controlled substance act by prescribing drugs to Carter for no apparent medical reason led to the murder charge after the victim's overdose death.

Prescribing methadone, oxycodone and morphine intentionally and for not legitimate medical purpose, Chua should be found guilty of felony murder, Kelley said.

"We have to show the defendant intended to prescribe for no legitimate purpose," he said.

Testimony by medical experts said the methadone was enough to kill Carter. Other drugs found in Carter's system Kelley said Chua prescribed to Carter also contributed to the overdose death.

"Under this crime, it's the whole picture," he said. "If it was being sloppy, you could go in my office right now and I'd be guilty."

He said it's time for a jury to determine all the circumstances in the case.

"Only you a jury, the conscience of the community, can tell us what that means," he said.

Kelley said medical experts said drugs prescribed to Carter were "excessive," according to testimony by medical experts during the trial.

There were no evaluations in Carter's medical records to show if they were effective, he told jurors.

He said doctors who don't chart controlled substances are in violation of the law.

He showed jurors drug containers prescribed to Carter not charted in medical records.

Kelley continued to stack pain medications prescribed to Carter on a table in front of jurors, including nasal sprays, pills and patches.

But, it's not just about the medications, he told the jury.

He said Carter's parents didn't know when Chua hospitalized Carter in November 2005 for questionable reasons.

Carter was given enough morphine for a patient recovering from "major medical surgery," during his hospitalization.

"It's off the charts," he said. "Who was going to know? It was just Dr. Chua and Jamie Carter having a good time."

Chua ignored a nurse's concerns Carter was a drug seeker when he asked for specific narcotic pain medications in the hospital.

"This visit [to the hospital] was just a fabrication," he said. "It was just pushing drugs."

5 comments:

Anonymous said...

A few comments on this case. I truly believe both sides did a poor job and this is based on the validity and fullness of this paper. None of the witnesses spoke to the point. I wanted to hear someone say that the drugs were given in lethal amounts. I also wanted to hear something about the mixing ang injecting of the drugs the day he died. The notes on the young boys was disgusting to learn and changes my view of the Dr but not the verdict of this case. He needs to be found guilty "beyond all reasonable doubt". The only thing known beyong reasonable doubt is that the prosecution didn't have much to go on, just the system. No experts sounded like experts, they just gave opinions. Another thing, why wasn't the blood found at the scene tested? That could have played an important role. It took the prosecution 2 years to come up with nothing. The Dr should be found not guilty on these charges and see what happens later. And about the sheriff. I cannot see the special treatment of the Dr. As stated in here several times, he is charged with a different type of murder. And besides, innocent until proven guilty. Let's keep in mind, civil suits are easy to win, criminal ones take some facts and I do not see enough of them.

Anonymous said...

I haven't been at any of the proceedings and I didn't keep up with the case in the papers. What I know I have read in the last week on the internet and from the news.
I don't know enough to form and opinion other than I'm glad most of the people who have posted in this blog aren't on the jury. Why? because it seems to me that most people have formed an opinion based on what they have read in the news paper or heard from friends. I know somebody very closly that is serving on the jury and I wouldn't want to be in their shoes.

Anonymous said...

I too hate it for the jury because all they have to go on, are opinions too. No solid facts were explored and identified or presented.

Anonymous said...

i knew jamie and im glad the doctor got life! jamie was a great ball player, friend, and son! jamie never even smoked pot in highschool with his buddies, ball was his life until his injury. dr.chua perscribed jamie way to much pain killer! he was a young man not a drug diposer, after all those years of school dr.chua should of known he wasnt able to do all those perscriptions!

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