- Quickdraw McLaw
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The RJ reports that, after eight grueling weeks of trial, lawyers in the Dr. Dipak Desai/Ronald Lakeman/Hep C trial are expected to make their closing statements today before the jury begins deliberations. Neither Desai, nor Lakeman took the stand in their own defense. As indicated in the article, Judge Adair specifically questioned Dr. Desai about it:
Before the lunch break Tuesday outside the presence of the jury, Adair asked Desai to stand up at the defense table so she could question him about his right to testify in his own defense.But when she asked him if he understood that right, he turned to his lead attorney, Richard Wright, in apparent confusion and did not answer the judge.Adair suggested his posture was different than what she was accustomed to seeing, and said she didn’t understand why he couldn’t look at her.“I just hope there’s not some exaggeration going on,” she said.
As you may recall, there has been much ado about Desai’s competency to stand trial. Do you think it’s legit or he is just playing dumb? Obviously many criminal defendants are not going to testify to avoid self-incrimination, but is playing dumb a good strategy? Why do so many civil defendants take the same tact?
Anyone have any insight into what the outcome might be? What’s the over/under on the jury deliberation time?
Tough to determine. What is known is that Desai was real scum prior to his supposed incapacity. Murder or not, this was a bad greedy doctor. And there are qualified professionals who have stuck their necks out and opined that he is faking his supposed incapacity. Therefore, it's tougher to give him the benefit of the doubt.
Obviously the mental incapacity issue gives Desai abundant grounds for appeal if he is convicted. Under those circumstances, he'll no doubt use the supposed mental incapacity to tie up the case in appeals for several years. An interesting question is whether he'll be allowed to stay out of custody during the pendency of the appeals process.
Adair wouldn't have let the trial go if she had any doubt about Desai's competence.