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Judge in Oregon seeks Australian records in Patel case

07:23 AM PDT on Thursday, April 24, 2008

By JOSEPH B. FRAZIER, Associated Press Writer

PORTLAND, Ore. -- A U.S. judge says Australian authorities should produce medical records of four patients who died there after surgery performed by a doctor now accused of manslaughter.

Police photo

Dr. Jayant Patel

Federal Magistrate Judge Dennis Hubel granted a motion Wednesday by Dr. Jayant Patel's defense lawyer.

Hubel is considering a request for Patel to be extradited to face charges in Australia.

The extradition hearing is scheduled May 27. Patel remains in jail.

Hubel said he wanted the records by May 2 but asked that the estimated 500 pages be pared by having the defense specify to Australian authorities exactly which records it wants for which patients for which days.

Attorney Mark Blackman said his client wants the records to help determine if their contents contain evidence of probable cause that would lead to his return to Australia for trial.

He said Patel wants records of surgical pathology reports, details of how procedures might relate to outcome, and postoperative and nursing progress reports.

Patel wants the records for analysis, he said, "not as an attempt to litigate (the hearing) as a mini-trial."

He said his client is entitled such explanatory evidence.

But Assistant U.S. Attorney Ethan Knight said the defense wanted it both ways and that an affidavit states the documents are sought to determine responsibility, which he said constitute contradictory evidence, a matter reserved for trial.

Patel appeared in court shackled and in a blue prison uniform.

If convicted on all counts in Australia, he could face three life terms in prison, plus 100 years.

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