Las Vegas CBS KXNT – Jury selection will take a two-day break as lawyers for both sides in the Dipak Desai criminal prosecution prepare briefs for the Nevada Supreme Court. The high court will decide whether to intervene, after Desai’s attorney, Richard Wright, filed an emergency motion claiming his client his too diminished after a series of strokes to participate in his own defense.
Desai is facing criminal negligence and second-degree murder charges in Clark County, arising from an outbreak of hepatitis C that was traced to practices at the endoscopy clinic he once operated.
District Judge Valerie Adair didn’t buy the claim that Desai’s brain function was impaired by the third stroke he has suffered since his legal problems began.
Adair ordered Desai to stand trial, calling him an “exaggerator and a malingerer.” She set April 22 as the date for trial, pending the results of a medical evaluation. The medical report did not derail her from the schedule, and jury selection started on Monday of this week.
Now the high court has ordered prosecutors to file a brief in response to Desai’s motion by close of business Wednesday. In turn, Wright will have to submit an answering brief. Judge Adair stopped the jury selection for two days to allow those briefs to be written.
Jury selection will resume on Friday morning, while the briefs circulate at the Supreme Court.