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Jury selected for trial of Dr. Carter; testimony begins Wednesday afternoon
Defense attorney Bryan Delius mentioned their names as potential defense witnesses Wednesday morning as he, Circuit Judge Richard Vance and Assistant District Attorney Steve Hawkins worked to empanel a jury. Delius didn’t elaborate on the nature of their potential testimony.
They selected a panel of eight men and 12 women to hear the case against Carter, who is charged with four counts of rape and three counts of sexual battery involving male patients at his office. The jury will be reduced to 12 after testimony is complete.
Carter owns LeConte Family Practice, where he worked as a physician prior to the charges. His license to practice medicine in Tennessee was suspended after he was charged.
Jurors filled out questionnaires ahead of the morning to help speed the selection along, but still faced direct questions from the judge and attorneys.
At least one told the court that he didn’t believe he could stomach the graphic nature of the case, which will involve testimony that Carter had improper sexual contact with the victims during prostate exams.
“(It) gives me the creepy crawlies,” the juror said. “’I’ll do my best, but I’m going to have a strong emotional response.”
Most of the witnesses who were excused by the judge or eliminate by attorneys said they knew Carter or other physicians expected to be called as witnesses, either through friendship or as patients.
Several also said they had learned about the case through media coverage or discussion with acquaintances who were familiar with the case.
Some were also eliminated because they jury will be sequestered during the proceedings, which are expected to last until Friday.
The questions gave some early indications of the course both sides could take.
Hawkins told the jury the state will try to prove that Carter presented his actions as part of a proper medical exam, when in fact the were not.
“They went there and had what they thought were standard medical procedures, but our postion is that was not the real motive (for the contact),” he said.
They would not have consented to the contact if they had understood Carter’s real motive, he said, and he will argue that means Carter obtained consent by fraud.
Delius indicated he will argue that the alleged victims misconstrued contact that was part of a standard exam.
“These medical procedures were done with the consent of the four patients. Everyone understood what was to be done.” He also asked if the understood different doctors could disagree on what action to take when a patient presents different problems. “Medicine is an art,” he said. “Everything’s not exact.”
Vance already has at least one legal issue to consider as part of the case. An attorney representing a doctor called by the defense asked the judge to quash is subpoena.
Delis indicated his questions will center around an allege victim’s involuntary commitment to a psychiatric ward after the alleged incident. The attorney argued that anything the victim said to his client would be privileged.
Vance will rule on that matter later.
Opening statements are expected to start after lunch.
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