October 27, 2005

Dr. Anthony Kameen Employs Prejudicial Racial Tactics to Escape Justice

Batson challenge delays LASIK trial

A lawyer's medical malpractice suit against a doctor who performs LASIK vision correction surgery was postponed yesterday after the plaintiff successfully argued that the defense improperly struck black jurors from the panel.

Represented by his law partner Jay D. Miller, George Psoras Jr. alleges he went blind in one eye after undergoing LASIK. Miller said the case against Dr. Anthony Kameen will be one of the first LASIK cases to go to trial in Maryland.

But it will have to wait. After jury selection produced an all-white panel, Miller challenged the process based on the Supreme Court's 1986 decision in Batson v. Kentucky, pointing out that the plaintiff's only expert witness is black.

After conferring with some of his colleagues, Baltimore County Circuit Court Judge Thomas J. Bollinger Sr. agreed to dismiss the jury and start over another day.  Defense attorney Neal Brown initially offered to swap a black alternate juror for the white foreman, but withdrew the offer after a brief recess.

No new trial date has been set.

Source:  www.mddailyrecord.com/pub/5_401_law/legalnews/172967-1.html

Posted by Admin at October 27, 2005 02:01 PM