Ex-Atlanta Public Schools Superintendent Beverly Hall, who is suffering from Stage IV breast cancer, will be putting her life at risk unless her upcoming racketeering trial is delayed, her attorneys said in a court motion filed Monday.
Hall’s legal team cited a sworn statement by Hall’s oncologist who said Hall’s cancer continues to spread and must be treated aggressively with chemotherapy that will weaken her and expose her to increased risk of disease and infection. The motion seeks to delay the APS test-cheating trial, now set to begin in May, by six to eight months.
The 67-year-old Hall faces charges of racketeering, theft by taking, giving a false statement and submitting a false document in 2009 when she turned in her superintendent’s test certification to the state Board of Education. She has steadfastly maintained her innocence, and her lawyers say she wants to clear her name at trial.
But that cannot happen until the end of this year, provided Hall responds to enhanced treatment, her oncologist, Laura Weakland of Georgia Cancer Specialists, said in an affidavit attached to the court motion. “Put simply, Dr. Hall must focus on her health right now if she is to have a chance for successful treatment,” she said.
The request was presented to Superior Court Judge Jerry Baxter, who had initially scheduled jury selection to begin in late May. The trial is expected to last several months.
In addition to Hall, there are 12 other defendants, including regional supervisors and principals charged in the racketeering conspiracy case. Baxter has said he wants all 13 defendants to stand trial together. But if he does grant Hall’s request, he could delay the entire trial until a time Hall is able to attend it or he could allow Hall to stand trial by herself at a later date. There is also the possibility that prosecutors and Hall’s legal team could find a way to resolve the case without requiring her to stand trial.
Hall’s first bout with breast cancer occurred in 2004, which required surgery and chemotherapy, the motion said. But in 2011 she was diagnosed with it again by doctors who discovered it had spread to other parts of her body.
Late last year, doctors found that the progression had increased, and more recent scans have found even further progression, the motion said. “The most recent developments are serious and will require additional aggressive medical interventions with concomitant side effects.”
These side effects will make it difficult for Hall to manage without intermittent hospitalizations, Weakland said.
Chemotherapy can be life-threatening to some patients if not managed properly, she said. “Were Dr. Hall required to be in the courthouse and courtroom several days per week for trial, she would be putting her life at risk due to the risk of disease and/or infection.”
Hall is already encountering the same side effects experienced by cancer patients who receive the same type of chemotherapy treatment she is receiving, Weakland said. These include nausea, depression and severe fatigue that requires extensive periods of rest, she said.
After a March 18 court hearing, Hall’s lead lawyer, Richard Deane, disclosed that Hall recently had to be hospitalized and was seriously ill. He also raised the prospect that she may not be able to withstand a grueling trial expected to last most of the summer.
Stage IV breast cancer is considered treatable but not curable. There is a 22 percent chance that someone diagnosed with Stage IV breast cancer will survive another five years, according to the American Cancer Society.
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