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April 5, 2006

Doctor's trial on hold as judge queries jurors

WARWICK -- A judge wants to know what impact an expert witness's testimony had on jurors in a sexual assault trial against a former Kent Hospital anesthesiologist.

In agreeing to a request from Dr. Russel J. Aubin's lawyer, Judge Melanie W. Thunberg said she would question each juror about yesterday's testimony from Dr. Kathleen C. Hittner, a veteran Rhode Island anesthesiologist and the president and CEO of Miriam Hospital, in Providence.

The trial was abruptly halted yesterday when Aubin's lawyer, Robert D. Mann, objected to an answer from Hittner.

Mann said he initially requested a mistrial during a meeting in the judge's chambers, but decided against pursuing that request today. He instead asked the judge to question the jurors to determine how much Hittner's testimony had influenced them.

-- Journal staff writer Zachary Mider

During cross-examination yesterday, Mann asked Hittner about an article in a medical journal about a patient who reported sexual hallucinations while sedated. While hallucinations might be a side effect of drugs used in anesthesia, Hittner said, "in my professional opinion, that is not what is responsible in this particular case we're talking about today."

That prompted Mann's objection. Thunberg told the jurors to disregard the statement and stopped the trial.

-- Journal staff writer Zachary Mider

Posted by Jack Perry  at 11:56 AM | Permalink

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