You Guys from Georgia....

pinoybaptist · Aug 15, 2007

familiar with the details of this case ?

I have been emailing with Dr. Noel Chua extensively the past couple of months. The sympathetic Camden County Jail Sheriff William E. Smith, convinced of Chua’s innocence, granted him emailing privileges. The following is the story as recounted by Chua

He walked into his home in St. Mary’s, Georgia, on December 15, 2005 and discovered on the bathroom floor the dead body of Carter.

With this discovery came Chua’s greatest nightmare.

The police said Chua prescribed the drugs that killed Carter.

“The way that the prescriptions were written, according to the indictment, were against the state of Georgia Controlled Substance Act,” St. Mary’s Police Department Lt. Johnny Guy told the Kingsland media. The police also said they found medication, a hypodermic syringe and a white-powder substance in Carter’s room when they arrived at Chua’s house.

According to Chua, Carter consulted him as a patient with a long history of severe migraine headaches. Carter was hospitalized twice under his care for the same medical problem, and had a medical history that revealed extensive work-ups and repeated hospitalizations and visits to the emergency room.

Chua recalled that he was first welcomed to the mobile home of Carter’s mom and stepfather during an agricultural festival, at also at his father and stepmother’s home for Thanksgiving in 2005. So, when Carter asked permission to stay in his house while working in his office and going to school at night, he agreed to help him out.

On September 13, 2006, the Camden County grand jury indicted Dr. Noel Chua for two counts of felony murder of James Carter III and 17 counts of violation of Georgia’s Controlled Substance Act.

He was denied bail and jailed at the neighboring Glynn County, a legally questionable move that the authorities failed to explain. After his lawyers filed a motion for transfer on November 2, 2006, he was returned to Camden County Jail.

The physician who was assigned to review the medical record of Carter was actually hired by Carter’s family, and although he never saw Carter, this physician concluded that there was no medical justification for Chua’s prescriptions for Carter. This physician’s affidavit was the instrument that sealed Chua’s indictment.

“Doesn’t this constitute a conflict of interest?” asked Chua. Obviously, the reviewer appointed should have been a non-paid and non-bias medical professional without an agenda, he said.

The Georgia composite Board of Medicine interviewed Chua for three days in March 2006, and he was allowed to continue his practice until the DA filed charges against him. The federal prosecutor had initially accepted the case but subsequently turned it over to the State.

Chua’s lawyers later discovered that Carter had an extensive medical record showing he had tried various pain killers recommended by other doctors to no avail, some of these Chua had also tried. According to Chua, his lawyers for the civil case brought against him the Carter’s family found out that Carter had been seeing a drug rehab doctor even prior to his first visit to Dr. Chua’s office, a fact that was hidden from him by Carter and his family.

The Toxicology Report/Bond Hearing Issue

Chua stated that the post-mortem toxicology analysis showed that Carter had multiple drugs in his body, including drugs that he did not prescribe, and that he did not understand why he was charged with racketeering and two murders with the death of one person.

“The racketeering charge was obviously a dirty, sleazy trick to grab all my money and properties so I will not be able to afford any legal defense,” decried Chua, who felt that the St. Mary’s Police Department, District Attorney Stephen Kelley and Superior Judge Amanda Williams were all biased and acted with prejudice.

“The court-appointed Receiver has successfully depleted my bank account, from $120,000 down to $10,000, by paying themselves with my money,” he added.

A law student friend of Chua had this critical analysis: “The first bond hearing, in my opinion, was illegal, as you were illegally held in Glynn County. Because you were illegally held in Glynn County, you should have received a bond hearing when transferred back to Camden County, as that was the new and only legal point of incarceration. Georgia law requires that the bond hearing be held in county of detention where the alleged crime took place. For this reason, I feel that you are entitled to a separate bond hearing. Also, Georgia law states that a person arrested, must appear before a judge within 72 hours of arrest. A motion could be made to dismiss charges citing both of those unlawful acts. However, if that is denied, I would then ask for a new bond hearing, and then file a motion to recuse Judge Williams from the bond hearing, and then subsequently refile a motion to have her recused from the trial.”
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pinoybaptist · Aug 15, 2007

bump....

sorry, guys, I'm just really interested in this issue.

hope somebody from Georgia can bring me up to date.

pinoybaptist · Aug 15, 2007

bump..........

pinoybaptist · Aug 15, 2007

not too many from Georgia here, eh ?

You Guys from Georgia....

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