Verdict in Ted Cain Medicare fraud trial delayed by unexpected turn of events
U.S. District Judge Henry T. Wingate had to do something Thursday that he had never done in his 35 years on the federal bench.
The six-week trial of South Mississippi businessman Ted Cain, his wife Julie and two business associates was about to reach its climax. Ted Cain sat at the defense table, looking weary, beside his wife.
Everyone expected Wingate to call in the jury for closing arguments that would consume the remainder of the day. Government attorneys on one side and the Cain’s lawyers on the other had honed their closings.
Instead, the judge said he wanted to review one last instruction and left the bench. He was back within 30 minutes.
He apologized, saying his staff had summoned emergency medical technicians to chambers, over his protests, because he felt faint. The EMTs checked the 73-year-old’s blood pressure and said it was very low. Wingate was also experiencing intense cramps.
The verdict: The judge was dehydrated and needed fluids. He said that he was at fault for exercising every night after court, walking for miles, and not drinking enough water. He also hadn’t eaten in the last day and a half, he said, because he didn’t feel the need to.
He would need to adjourn court, he said. He had never had to leave the courtroom over his health. He had hoped to “liquefy myself” by 1 p.m. and start back, but the plan was to get through closing arguments in a single day and that would not leave enough time.
Everyone decided Monday would be the best day to resume court. That way, the jury wouldn’t be leaving for the weekend after hearing closing arguments Friday.
“I’m very embarrassed over this,” the judge said, asking attorneys for both sides if they objected. They did not.
Former Gov. Ronnie Musgrove, lead attorney for the defendants, did ask, “Your honor, you’re not admitting you’re a bad patient are you?”
“I’m awful,” Wingate said.
Cain trial closing rescheduled
Wingate called the jury in. He apologized to them, too,
“I exercise a lot,” he said. This has been a lifelong habit. He played basketball and was at one time a state racquetball champion. He plans to compete in a triathalon later this year. He swims, runs walks and rides a bike, sometimes for stretches of 100 miles.
“I’m not supposed to be sick,” he told the jury. “If my exercise buddies get wind of my ailment, I’ll never live it down.
“I’m sort of a poster boy for physical fitness.”
He said that he had experienced dehydration only one other time.
He signed up for a half marathon this weekend, he said. He hopes he can still make it. He thought he would bounce back after four or five bottles of water, but he was still feeling weak.
“Forgive me for it,” he told the jury, “and I’ll see y’all at 9 o’clock Monday.”
Closing arguments in the Cain case are delayed until then.
