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His federal fraud trial began in mid-September, and the court planned for the case to last through Halloween. A month later, jurors were told the trial would continue until Thanksgiving.
When court resumes next week following a Thanksgiving break, Chase's trial will become the longest proceeding to have occurred in U.S. District Court in Burlington, said Jeff Eaton, the court's chief deputy of operations.
Chase, an ophthalmologist who hasn't practiced since the state revoked his medical license in 2003, is facing 26 charges alleging that he concocted diagnoses and performed needless surgeries on nine patients to defraud federal and private health-insurance programs of more than $1 million.
A jury of 12 and three alternates was selected in early September. One juror was excused Nov. 4 due to illness, according to court records, and replaced by an alternate. Alternates sit in the jury box throughout the trial but do not participate in deliberations unless they replace a juror.
Prosecutors rested their case Nov. 7, the 32nd day of testimony. Government lawyers called 60 witnesses, including 32 of Chase's patients, doctors and other experts. The defense so far has called 16 witnesses, also a mix of patients and doctors.
U.S. District Judge William Sessions III on Monday threw out 45 charges that accused Chase of misconduct with 23 patients on whom he did not performed surgery. Sessions ruled that the doctor's conduct did not merit criminal charges.
Also Monday, Chase's defense team filed a request for a mistrial and an order preventing the government from filing the charges again. Sessions should grant the request, according to the defense motion, because prosecutors elicited biased testimony from a defense witness even though the judge had ordered them not to. In a letter to Sessions, prosecutors denied any wrongdoing.
Tuesday's day-long session was sparsely attended, mostly by Chase's relatives. Jurors appeared attentive as they listened to testimony from ophthalmologist James Freeman, an expert witness for the defense. Some jurors took notes; others rocked back and forth in their padded chairs. During breaks, the jurors stretched, stood together, laughed and talked.
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