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High court asked to halt doctor's hepatitis C trial

Reported by: Sergio Avila
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Updated: 4/23/2013 8:31 am
LAS VEGAS (KSNV MyNews3) -- It's been nearly six years since a major outbreak of hepatitis C hit Las Vegas. And now, the man accused of being at the center of the infection is defending himself in court.

The first line of defense for Dr. Dipak Desai is trying to stop the trial from happening altogether.

In the courtroom Monday, jury selection went on as planned. But outside these walls, Desai's attorneys are working to stop those proceedings from moving forward.

Desai and one of his former nurses are charged with nearly 30 felony counts, including second-degree murder, negligence and insurance fraud.

The charges are rooted back in 2007 when prosecutors say Desai's medical office was reusing syringes and other medical equipment.

Prosecutors argue those actions led to a hepatitis C outbreak that infected several people with the incurable disease.

Desai's attorneys have always argued their client is unfit to stand trial after he suffered a string of strokes.

They filed an emergency motion Monday with the Nevada Supreme Court, asking justices to stop jury selection.

No decision has been made but Nevada's highest court is now reviewing the facts. They asked for an independent medical evaluation of Desai before they make a ruling.

Desai did walk in and out of the courtroom today on his power with his family by his side.

Although there are many motions happening outside the courtroom jury selection, will continue as scheduled until the Supreme Court makes its ruling, which may not come until at least Friday.
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