Judge Denies Motion for Mistrial in Hepatitis C Case

LAS VEGAS -- The judge in the hepatitis C trial has denied a motion for a mistrial.

The defense requested a mistrial after Dr. Dipak Desai's former clinic manager told a jury she and Desai are under a federal indictment. The federal case is not supposed to be discussed in the trial.

Judge Valerie Adair said the prosecutor committed misconduct by leading the witness to give that information.

"You shouldn't be asking these questions. You're far too experienced as a prosecutor to be asking questions like this," Adair said.

The judge gave the jury instructions to ignore the information.

Desai, and co-defendant, Ronald Lakeman, a nurse anesthetist, are on trial for charges, including murder, criminal neglect of patients, and insurance fraud and theft.  Desai is accused of infecting seven patients with hepatitis in 2007 from dangerous injection practices. One patient, Rodolfo Meana, died from the disease.

The trial started 8 weeks ago.


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