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NAFFAA News |
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FILAMS OUTRAGED AT CAMDEN COUNTY DA's HANDLING OF CHUA CASE
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30 July, 2007
Mr. Stephen Kelley
District Attorney of Camden County
701 H. Street - P.O. Box 301
Brunswick, GA 31520
Dear Mr. Kelley:
Greetings!
I'm writing as Chair of the National Federation of
Filipino-American Associations (NaFFAA), the recognized voice of
3-million Filipino-Americans and immigrants across the U.S., on
behalf of Dr. Noel Natividad-Chua, a Filipino-American. He has
been charged by your office for his alleged involvement with the
death of the late James Carter III last December 15, 2005.
We've also learned that he Dr. Chua built a busy Internal
Medicine practice in St. Mary's, Georgia, serving over 2,500
patients.
According to the officers of the Region IV NaFFAA Chapter (which
includes Georgia, along with six other Southern states), we
gathered that the autopsy report on the late Mr. Carter held his
death as accidental caused by the mixture of drugs ingested by
the deceased. Furthermore, toxicology report showed that the
drugs found in the deceased were found to be all within the
therapeutic level, including "methadone," as prescribed by Dr.
Chua.
Despite the above findings, however, and after a 9-month long
investigation, he was subsequently arrested on September 13,
2006, and charged with the murder of Mr. Carter, along with his
alleged violations of Georgia's Controlled Substance Act,
despite the autopsy and toxicology reports that, we rest
assured, your office had obtained.
While we don't want to rush to judgment, please know though that
we Filipino-Americans are genuinely respectful of the laws and
rules of procedures prescribed by Georgia's court system and the
U.S. Constitution. However, we find it disturbing that Dr. Chua
was not afforded his fundamental "due process" rights, was
denied access to his legal counsel - along with your seizing his
assets, rendering him unable to pay his lawyer's and witnesses'
fees. He was denied bail and has since been incarcerated for
the last 7 and 1/2 months because you considered him a "flight
risk." Ironically, however, we find it disingenuous that you're
alleged to have offered him a plea bargain to admit to just one
drug charge and take a 2-year sentence.
Since our last reading of the U.S. Constitution, we believe that
every American - including U.S. citizen Dr. Noel Chua - should
have the basic right to challenge his arrest via a time-tested
habeas corpus petition. Instead, you stripped him of that
right, and it's becoming apparent to us that your office rigged
the Georgia justice system's rules of procedures squarely
against him.
With all due respect, we contend that your stance on his case is
so severely flawed that it makes one think that the kind of
justice system you're overseeing in Camden County is so tainted
-- if not racially biased and/or glaringly discriminatory
against a Filipino-American, who has dutifully served his St.
Mary's community with his utmost professionalism and integrity,
philanthropy and countless works of mercy - as attested to by
the thousands of patients and citizens he has helped and cared
for all these years.
Frankly, we're not surprised at all that Dr. Noel Chua, a
practicing Christian, did not succumb to your offer of plea
bargain. For him to have done so would have subjected him to
treason against his Hippocratic oath - and, more seriously, a
denial of his Faith. We're proud of him that he chose to remain
in prison rather than admit the guilt of a crime he did not
commit. Further, it seems to us that what would be purported to
be specific statements of facts may even lack the most
fundamental earmarks of objective credible evidence amidst your
unwillingness to consider exculpatory evidence that would have
granted him his request for bail, if not his outright release
from incarceration.
Lastly, the hallmark of our American Court system is etched in
these words that "... justice delayed is justice denied."
Accordingly, we are thankful that, after such a long wait, he
will at long last see his day in Court on September 10, 2007.
Rest assured that Filipino-American leaders from NaFFAA and
other organizations in Georgia and across the U.S. will be
present to rigorously scrutinize how you would mete out the fiat
of American justice.
As the Honorable Charles Pratt, Chief Justice and Lord
Chancellor of England and the Earl of Camden -- after whom
Camden County was named - opposed years ago the attitude of the
English government toward the colonies of America, we the
Filipino-Americans across Georgia and America are very much
opposed to the way you've handled the case of Dr. Noel Natividad-Chua
-- an honorable Filipino-American citizen and a distinguished
member of Georgia's Camden County.
Under Georgia's Court system of justice and the guidance of the
U.S. Constitution, we look forward to witnessing this trial.
Sincerely,

Alma Quintans Kern
NaFFAA National Chair
CC: Honorable Sonny Perdue, Governor of Georgia
U.S. Senator Saxby Chambliss
U.S. Senator Johnny Isakson
U.S. Rep. Jack Kingston (Georgia's 1st
District)
U.S. Rep, John Lewis (Georgia's 5th
District)
Chairman Preston Rhodes, Board of Camden
County Commissioners
Officer W.E. "Bill" Smith, Sheriff of Camden
County
NaFFAA Members
Released by:

Armando B. Heredia
NaFFAA National Executive Director
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