The Plea Bargaining
At
the preliminary hearing recently, Chua's lawyers were able to get one
of the murder charges dismissed. The District Attorney, according to
Chua, obviously knew his case against the Fil-Am doctor was weak, so
passed it on to the Federal Prosecutor. The prosecutor had offered a
plea bargain of "two years in probation detention center, loss of
medical license and DEA Registration Number, and banishment from Camden
County,"
but Dr. Noel Chua adamantly refused, stating that he "would rather rot
in jail than to admit a lie, a crime I did not commit."
So far, he has been in jail for almost a year.
"For
the federal prosecutor to offer me a binding plea that would involve my
pleading guilty to the lesser offense of prescribing methadone for
addiction purposes without proper license, and promising me a
guaranteed 2-year probation, and simply quash the two counts of murder
and 17 drug violations against me, shows how weak their case is," Dr.
Chua pointed out.
The National Outcry of Support
A
lot of sectors, like the National Federation of Filipino-American
Associations (NaFFAA), Region IV, and its 3 million members, the FEU
alumni defense group (www.feu-alumni.com ), and a dozen of associations
and alumni from other universities, several newspapers in the
Philippines and around the country, the Perry Diaz (BALITA-USA) and
Pedestrian Jaywalker websites, among others, have all come to rally
behind the quest for
justice for Dr. Noel. N. Chua. The internet,
including Google.com, is replete with writings about the injustice
dealt to Dr. Chua, together with petitions of support and creation of a
legal defense funds for him. So far, the donation totals about
$140,000, and this campaign needs about $25,000 more. Below is the
letter sent by NaFFAA , which represents the united sentiment of the
Fil-Am community:
Mr. Stephen Kelly District Attorney of Camden County 701 H. Street - P.O. Box 301 Brunswick, GA 31520
Dear Mr. Kelly: Greetings!
I'm
writing as Chair of the National Federation of Filipino-American
Associations (NaFFAA), the recognized voice of 3-million
Filipino-Americans and immigrants across the U.S., on behalf of Dr.
Noel Natividad-Chua, a Filipino-American. He has been charged by your
office for his alleged involvement with the death of the late James
Carter III last December 15, 2005. We've also learned that he has built
a busy Internal Medicine practice in St. Mary's, Georgia, serving over 2,500 patients. According to the officers of the Region IV NaFFAA Chapter (which includes Georgia,
along with 6 other Southern states), we gathered that the autopsy
report on the late Mr. Carter held his death as accidental caused by
the mixture of drugs ingested by the deceased. Furthermore, toxicology
report showed that the drugs found in the deceased were found to be all
within the therapeutic level, including "methadone," as prescribed by
Dr. Chua.
Despite the above findings, however, and after a 9-month long investigation, he was subsequently arrested on September 13, 2006, and charged with the murder of Mr. Carter, along with his alleged violations of Georgia's
Controlled Substance Act, despite the autopsy and toxicology reports
that, we rest assured, your office had obtained. While we don't want to
rush to judgment, please know though that we Filipino-Americans are
genuinely respectful of the laws and rules of procedures prescribed by Georgia's
court system and the U.S. Constitution. However, we find it disturbing
that Dr. Chua was not afforded his fundamental "due process" rights,
was denied access to his legal counsel along with your seizing his
assets, rendering him unable to pay his lawyer's and witnesses' fees.
He was denied bail and has since been incarcerated outside his County.
Dr. Chua was incarcerated outside (in Glynn county) his county the
first 6 weeks and has since been in his county (Camden)
for the last 7 ause you considered him a "flight
risk." Ironically, however, we find it disingenuous that you're alleged
to have offered him a plea bargain to admit to just one drug charge and
take a 2-year sentence. Since our last reading of the U.S.
Constitution, we believe that every American including non-U.S.
citizen, Dr. Noel Chua, should have the basic right to challenge his
arrest via a time-tested habeas corpus petition. Instead, you stripped
him of that right, and it's becoming apparent to us that your office
rigged the Georgia justice system's rules of procedures squarely against him.
With
all due respect, we contend that your stance on his case is so severely
flawed that it makes one think that the kind of justice system you're
overseeing in Camden County is so tainted -- if not racially biased
and/or glaringly discriminatory against a Filipino-American, who has
dutifully served his St. Mary's community with his utmost
professionalism and integrity, philanthropy and countless works of
mercy as attested to by the thousands of patients and citizens he has
helped and cared for all these years. Frankly, we're not surprised at
all that Dr. Noel Chua, a practicing Christian as a Baptist, did not
succumb to your offer of plea bargain. For him to have done so would
have subjected him to treason against his Hippocratic oath and, more
seriously, a denial of his Faith.
We're
proud of him that he chose to remain in prison rather than admit the
guilt of a crime he did not commit. Further, it seems to us that what
would be purported to be specific statements of facts may even lack the
most fundamental earmarks of objective credible evidence amidst your
unwillingness to consider exculpatory evidence that would have granted
him his request for bail, if not his outright release from
incarceration. Lastly, the hallmark of our American Court system is etched in these words: "Justice delayed is justice denied."
Accordingly, we are thankful that, after such a long wait, he will at long last see his day in Court on September 4, 2007. Rest assured that Filipino-American leaders from NaFFAA and other organizations in Georgia and across the U.S. will be present to rigorously scrutinize how you would mete out the fiat of American justice.
As
the Honorable Charles Pratt, Chief Justice and Lord Chancellor of
England and the Earl of Camden -- after whom Camden County was named
opposed years ago the attitude of the English government toward the
colonies of America, we the Filipino-Americans across Georgia and
America are very much opposed to the way you've handled the case of Dr.
Noel Natividad-Chua -- an honorable Filipino-American citizen and a
distinguished member of Georgia's Camden County.
Under Georgia's Court system of justice and the guidance of the U.S. Constitution, we look forward to witnessing this trial.
Sincerely,
Alma Quintans-Kern
CC: Honorable Sonny Perdue, Governor of Georgia U.S. Senator Saxby Chambliss U.S. Senator Johnny Isakson U.S. Rep. Jack Kingston (Georgia's 1st District) U.S. Rep, John Lewis (Georgia's 5 th District) Chairman Preston Rhodes, Board of Camden County CommissionersOfficer W.E. "Bill" Smith, Sheriff of Camden County
Trial
Delayed is Trial Denied After all the red tapes and legal motions, the
trial has apparently been set for September 4 (?) or 10 (?), 2007.
Whether
Dr. Chua's day in court will eventually come, or be delayed once again
by more political maneuverings, nobody knows. We'll just have to wait
and see how this "lynching" unfolds.
"Even
if I am exonerated now, they have already confined me this long, had
stopped me from working, used up all my money, and had my face and my
name as a murderer on the world wide web," Dr. Chua lamented, saying
that his reputation has already been irreparably tarnished and his
career and life severely ruined.