Las Vegas CBS KXNT – Claiming that his client is badly impaired from a recent stroke, Dr. Dipak Desai’s attorney asked a judge to delay Desai’s criminal trial on charges his clinical practices were responsible for spreading the hepatitis C virus.

But Judge Valerie Adair was unpersuaded. Even a letter from Desai’s physician validating that he has suffered a third stroke and detailing the physical and mental toll it took was insufficent to convince her that Desai is too ill to stand trial.

“In this particular case, given its history, and given the fact that Dr. Desai has already been found to be a malingerer, and an exaggerater, I have to look at this recent request with suspsicion,” Adair said.

Desai claimed once before he was incompetent for trial after a previous stroke, a claim that was declared groundless.

Adair ordered an independent medical evaluation, to determine whether Desai has indeed had a stroke, and if so, how it affected his brain.

Defense attorney Richard Wright accepted the order, but complained that he’s being asked to prepare for trial with a client who can’t have a conversation with him. Desai was wheelchair bound, and appeared impassive throughout the proceeding.

The trial is scheduled for April 22.