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'Pleading the Fifth' not the same as admitting to criminal act

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A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.

In Roger Jay Piatek, M.D. and The Piatek Institute v. Shairon Beale, 49A04-1209-CT-448, the Indiana Court of Appeals affirmed the trial court’s denial of Roger Jay Piatek’s motion for a mistrial. It found the trial court’s admonition was sufficient to cure any prejudice from Shairon Beale’s reference to Piatek pleading the Fifth Amendment.

Beale filed a medical malpractice complaint against Piatek after she developed toxic epidermal necrolysis that was believed to have been caused by the medications Piatek prescribed for weight loss.

Piatek’s motion for a mistrial came after an exchange between Piatek and Beale’s counsel in the courtroom. Beale’s counsel asked Piatek a series of questions regarding I.C. 35-48-3-11 which provides for the use of Schedule III or Schedule IV controlled substances for the purposes of weight reduction or to control obesity.

Piatek’s counsel objected, saying the plaintiff’s counsel should not be asking him questions of law. At that point, Beale’s counsel, contending she was not asking Piatek to practice law, turned her attention to the Request for Admission and asked Piatek if he remembered pleading the Fifth.

As part of a pre-trial Request for Admission, Piatek was asked to admit he violated I.C. 35-48-3-11 when he prescribed Phentermine to Beale. The doctor responded “Defendants object to this Request on Fifth Amendment grounds.”

Piatek’s counsel requested a mistrial.

After hearing arguments of counsel and over the objection of Piatek’s counsel, the trial court admonished the jury that Piatek “has never pleaded the Fifth in this case and is not pleading the Fifth in this case. So disregard the question and the inference that could be made from that question.”

The COA declined to hold that a generic reference to “pleading the Fifth” subjected Piatek to greater prejudice.

The question from Beale’s counsel about whether Piatek remembered pleading the Fifth did not assert facts not in evidence. Nor did the counsel’s statement indicate the doctor had engaged in criminal activity.

“We acknowledge a reference to ‘pleading the Fifth’ suggests some underlying criminal activity and may be prejudicial,” Judge Melissa May wrote for the court. “But ‘pleading the Fifth”’ is not itself a criminal act; it is an assertion of a constitutional protection. … The trial court’s admonition to Beale’s jury was adequate.”

 
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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