Oncologist Dr. Laura Weakland told the court back in April that indicted former superintendent Dr. Beverly Hall's stage 4 breast cancer had spread to her liver and bone.
In an affidavit filed Wednesday, Dr. Weakland says Hall's powerful chemotherapy treatments have taken a toll on her body, leaving her unable to physically endure a mid-August trial.
Courtroom observers say this is a dilemma.
"When you have a chronically ill patient such as Mrs. Hall appears to be, it is virtually impossible to conduct a trial in the case. If Ms. Hall were to have a moment of extreme illness during the course of the case, it would be embarrassing to her, it would be embarrassing to the jury and cause the case to stop," said Attorney Louis Levenson, who is not tied to the case.
Levenson says the question presiding Judge Jerry Baxter will have to decide now is should this case move forward without Dr. Hall in the courtroom?
Dr. Hall's oncologist goes on to say in the affidavit she doesn't know when Hall will be well enough to stand trial.
There are 12 other defendants in this cheating scandal case. Their lives hang in the balance, as they wait for their day in court.
Judge Baxter will take up the matter Friday. Attorney Levenson predicts a compromise, will likely come.
Thirty-five educators were indicted in the largest cheating scandal in U.S. history. Twenty-one defendants pleaded guilty and are cooperating with the government. One educator died and 13, including Hall, requested a jury trial.