WASHINGTON D.C. – Evidence has emerged to cast doubt on whether the Filipino American community is justified in giving its full support to Dr. Noel N. Chua, 45, who is accused of murder in Camden county, Georgia. And a Filipino American professor in Georgia, Raymundo Marquez, has urged the Filipino American media to explore the several issues raised against Chua.

This came as the Sept. 15 jury trial of Dr. Chua who is accused of the murder of James Carter III has been postponed to an undetermined date.

Bloggers in the internet claim that Dr. Chua is gay which explains why Carter was staying in his house from October up to his death in December 2005.

The Filipino Reporter in New York, which has been following the Chua case closely, said it discovered “troubling reports” from the files of the Georgia Board of Medicine, which issued an ‘Order of Summary Suspension’ of Chua’s license in November 2006 in view of the drug overdose death of a 20-year-old patient and houseguest. Edmund Silvestre of the Reporter who has been following the case of the 45-year-old St. Marys, Georgia physician said the files offered a look at District Attorney Stephen Kelley’s arsenal that could nail Chua if it were to be believed by the jury.

The Reporter story continued: Chua - who was indicted on two counts of felony murder and 16 counts of violations of the Georgia Controlled Substances Act, plus racketeering (RICO) - caused the death of Carter “by prescribing and ordering multiple prescriptions for controlled substances" to Carter “in the absence of a legitimate medical purpose and outside the usual course of [Chua’s] professional practice," according to the board’s files available to the public through its website.

The board’s findings fully contradict claims of Chua’s defense that he “engaged in no inappropriate practices with regard to the prescriptions that are at the heart of the case." Chua, however, pointed out that the Board of Medicine is also under the influence of the DA and the judge. “Bear in mind that the Board never suspended my license until the DA slapped me with criminal charges," he said. The board’s records said Carter, a drug abuser, was prescribed by Chua with a number of narcotics and sedatives over a period between Sept. 22, 2005 and Dec. 15, 2005 for treatment of migraine which resulted in his death on Dec. 15, 2005.

“Prescriptions and/or orders included methadone, morphine, oxycodone and hydrocodone, in escalating amounts and for overlapping time periods," the files said.

The Reporter cited the medical board’s findings: “On or about Sept. 22, 2005, [Chua] prescribed to [Carter] 60 tablets of hydrocodone 7.5 mg. On or about Oct. 14, 2005, [Chua] prescribed to [Carter] 60 tablets of hydrocodone 10 mg. On or about Nov. 8, 2005, without examining [Carter], [Chua] prescribed butorphanol nasal spray. On or about Nov. 15, 2005, [Carter] cancelled his previously scheduled appointment and, without examining [Carter], [Chua] prescribed a 50-microgram per hour fentanyl patch. On or about Nov. 23, 2005, [Chua] prescribed clonazepam to [Carter]. On or about Nov. 28, 2005, [Chua] prescribed to [Carter] oxycodone CR 40 mg with a 30-day supply; and on the same date [Chua] also prescribed to [Carter] a 15-day supply of the same drug. On or about Dec. 9, 2005, [Chua] dispensed to [Carter] sixty 10 mg tablets of methadone."

“The files also indicate that Carter moved into Chua’s residence on Oct. 31, 2005 until Carter was found dead in Chua’s home on Dec. 15, 2005.

“During or between the dates of Sept. 22, 2005 and Oct. 31, 2005, Carter was an employee of Chua’s medical practice," the files said. “During the same period, Chua was seen in public numerous times with [Carter], and [Chua] and [Carter] took trips together.

In the same Board of Medicine records, it was indicated that from Nov. 1, 2005 to Dec. 15, 2005, Carter “was seen with syringes on numerous occasions" and “told several friends that he could get them any drug they wanted if they would see [Chua]. During the same time period, [Carter] was seen with bags of drug samples, and [Carter] offered them to friends."

“When law enforcement officers investigated the death of [Carter], they found needles and drug paraphernalia in [Carter’s] home," the board files said. “Prior to [Carter’s] death, [Chua] knew or had reason to believe that [Carter] was a drug user."

What is more devastating in the case of the defense is the reported coroner’s finding that Carter “died as a result of multi-drug intoxication, according to the board files." The toxicology report indicates that Carter’s “blood tested positive for the following drugs: morphine, oxycodone, lorazepam, methadone, meperidine and normeperidine."

Professor Marquez, in an email to the Reporter, urged it to present the findings of the prosecution because it “raises several issues, most of them in the realm of medicine, and which have not been explored in your reports." “I also want justice for our kababayan,” declared Marquez, who said he is following Chua’s case in the Reporter. “But I have misgivings that a lot in the Fil-Am community have been prejudging this case, including critical comments made against the DA..."

Marquez is a professor at Kennesaw State University in Kennesaw, Georgia, according to a website data. He, likewise, noted that delays in trials like murder are not uncommon.

Here are the other observations shared by Marquez to the Reporter: - There have been claims that the toxicology report would clear Dr. Chua of the charges lodged against him. But as you notice, this report found six strong drugs in Carter’s blood. Even if none of them was in the toxic range as claimed, the combination of these drugs would be enough to kill a person.

- Contrary to the claim reported in your last issue that the Georgia Board of Medicine did not find anything “irregular” in Dr. Chua’s conduct, it did in fact find his conduct as not meeting the minimum standards of medical practice, with summary suspension of his medical license. The Board felt that it would be injurious to the public health, safety and welfare to permit Respondent to continue practicing medicine.

- Again, contrary to Dr. Chua’s claim, a peer physician appointed by the Board of Medicine reviewed his records in treating this patient, and recommended that his license be suspended. There is a separate civil claim against Dr. Chua, and the fact that another physician hired by the family of Carter arrived at the same conclusion is not the reason why Dr. Chua was put in jail. His imprisonment was on the basis of the findings by authorities in Camden County, including the report of the coroner. The civil claim most likely is for malpractice, which Dr. Chua will have to face later, and which means he will have to hire his own physician-witness or witnesses to defend what he did.

- The reason his home was seized, along with his assets, is because one of the charges in the indictment had to do with his prescribing narcotics and letting a patient use those in his home. The DA claimed he violated Georgia ‘s RICO Act in view of this.

Chua’s counsel Atty. Donald Samuel was asked by the Reporter through channels to comment on the findings of the Board of Medicine, as well as the observations of Marquez.

“Some of his observations are correct, some are not,” said Samuel in his response. “I would rather not explain all this in writing. However, nothing he has said is ‘news’ to me. I do agree that the name-calling and ad hominem (i.e, personal) attacks on the DA are inappropriate."

For his part, Chua said he cannot defend himself at every point because of the gag order. He said he is also barred by authorities to use the Internet in discussing his case in detail.

Chua’s supporters, who stand by the doctor, who earned his medical degree from the Far Eastern University in Manila , said the whole truth will come out during the trial that will eventually exonerate him. The supporters, led by Georgia Philippine American Advocacy for Justice and the Fil-Am community in Georgia , has raised a total of $4,195 as of Aug. 22 for the Dr. Chua Legal Defense Fund.

The group’s goal is to raise $15,000 by Sept. 15 to contribute to Chua’s legal expenses. (Visit www.accessphilippineatlanta.com for more information.)
The Free Dr. Chua web petition has collected a total of 1,274 signatories from all over the world as of this week.