U.S. District Judge Justin Quackenbush filed an order on Wed. to postpone the new trial of Noel Gage.The Review-Journal reports:
Quackenbush said last week that he would drop the charges against Gage if the government did not offer immunity to Dr. Mark Kabins, a physician Gage's attorneys say could be a key witness. The U.S. Attorney's Office refused to grant immunity, but Quackenbush has yet to drop the charges against Gage.
The government filed a lengthy objection to Quackenbush's immunity request on Friday, the deadline he set for the offer to Kabins. Quackenbush indefinitely delayed the trial until he decides whether to drop the charges or support the government's request not to grant immunity.
Why not just grant immunity? The prosecutors may have plans to go after Dr. Kabins as well:
Thalgott and Kabins performed a routine back surgery on [Gage's one-time client, Melodie Simon] in 2000. After the operation, Simon began feeling weakness in her legs. Thalgott said that a sac protecting Simon's spine had been punctured at some point and that internal bleeding was causing the paralysis.
Thalgott left for vacation the day after the surgery. The government claims it took Kabins 11 hours to perform emergency surgery to release the pressure in Simon's back.
Thalgott testified that he, Kabins and Gage held a private meeting to discuss the case. They agreed to blame Simon's paralysis on the anesthesiologist.
Gage's attorneys plan to use Kabins' testimony to contradict Thalgott, who is testifying for the prosecution.
You've got to be impressed with U.S. Attorneys on this one. Refusing to be forced to grant immunity to an [allegedly] crooked surgeon. Looks like a weighty decision for Judge Quackenbush.
Why would you be impressed with the U.S. Attorneys on this? Their case started with about 20 criminal charges, then got peared down to basically 1, then they got stuck in a corner and now, because they know that Kabins' testimony will ruin their case, they say they won't budge. It's pretty easy to say you won't budge when you're gonna lose the case either way.
ReplyDeleteThe govt only went after Gage (at the urging of insurance industry lobbying) because they thought they'd have the best chance at getting other attorneys/doctors/etc. to turn against him (since very few people like him) and they failed. They've wasted hundreds of thousands of taxpaer dollars to handle something that should have just been reported to the State Bar to investigate. So no, I'm not "impressed" with the U.S. attorneys on this one. It's an absolute joke.
Love the blog, check it daily.
ReplyDeleteOne request: have you ever considered changing the black backdrop? I think I'm going to go blind after switching my screen back and forth quickly everytime my boss walks by.
just a thought, thanks.
Now, that's some damn fine service. Helluva job Legal Eagle.
ReplyDeleteanytime. i was looking for a change.
ReplyDeleteAhhhhhh! My eyes! Bring back the black...please?
ReplyDeleteImpressed with the prosecution? On what basis? The only thing impressive in this case was the performance of defense attorneys Thomas pitaro, Peter S. Christiansen, Thomas Carlucci, Pamela Johnston and their support staff. This case is an expensive mess. Big insurance would have one of very few worthy medmal attorneys put through hell and possible imprisonment for the sake of the bottom line. When Noel walks, the people should demand their tax dollars back.
ReplyDeleteWow. Touche everyone. Way to smack down my comment.
ReplyDeleteI will revise: I am impressed that after screwing the pooch up til now on this case, the U.S. Attorneys are digging in and refusing to buckle under to a federal judge who is demanding they take Dr. Kabins off the hook--when he [allegedly] was also at the heart of cheating patients to protect/enrich doctors and lawyers.
But point taken. If U.S. Attorneys have a 99% win rate and the attorneys in this trial have allowed this case to get to the point of being completely dismissed, that's not a great job.