Jason Eaton appears in Chittenden Superior criminal court in Burlington on Friday, August 28, 2026. Eaton is accused of shooting three Palestinian students in 2023. Photo by Glenn Russell/VTDigger A Vermont judge has rejected a bid by the defense team for a Burlington man accused of shooting and wounding three Palestinian college students to block a prosecution expert from taking the stand at his trial later this month. Jason Eaton’s state of mind at the time of the shootings nearly three years ago is expected to play a critical role in the trial set to start Sept. 10 with jury selection, with experts from the defense and prosecution expected to offer differing opinions.  Attorneys for Eaton contended that their client was insane at the time of the shootings and not criminally responsible for his actions, with an expert for the defense expected to testify in support of that claim. Eaton’s defense team last month submitted a filing seeking to block a prosecution expert from testifying. The defense lawyers argued that the prosecution expert from out of state is not licensed to practice medicine in Vermont. By testifying, defense filings stated, the prosecution expert, Dr. Jihlam Biswas, a forensic psychiatrist at Brigham and Women’s Hospital in Boston, could open herself up to potential professional and criminal liability. “Because Dr. Biswas is not licensed to practice medicine in Vermont, her testimony regarding a diagnosis and potentially treatment of Mr. Eaton would constitute the unlicensed practice of medicine, and the Court should exclude her as a witness in the case,” the defense filing stated. The defense expert is Fabian Saleh, a forensic psychiatrist with The Johns Hopkins Hospital in Maryland. Saleh, according to the defense filing, is licensed to practice medicine in Vermont. Chittenden County State’s Attorney Sarah George, who is prosecuting the case, challenged the defense’s assertion in a response filing. “At best, Defendant’s motion is another attempt to delay trial,” George wrote.  “At worst,” the prosecutor added, “Defendant’s motion is an attempt to intimidate a State’s witness with the threat of criminal prosecution, an investigation into the unauthorized practice of medicine, and potential loss of her medical license in Massachusetts.” Chittenden Superior Court Judge John Pacht, in ruling Monday, sided with the prosecution. “As a forensic psychiatrist,” Pacht wrote, “Dr. Biswas’s role in this case is to review significant material and records relating to Mr. Eaton, conduct an evaluation of him and determine if she was able to render an opinion as to whether he has a mental disease or defect from which he lacks adequate capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of law.” The judge added, “In this role, she is not seeking to assist him with any medical, psychiatric, or other health concerns he may have.” Pacht wrote that during Biswas’s evaluation she “certainly put Mr. Eaton on notice” that she was acting as a forensic psychiatrist and not as a treating psychiatrist. In his decision, Pacht acknowledged “it is defense counsel’s duty to zealously represent their client,” but he expressed concern “that the ‘criminal liability’ argument could serve to intimidate a witness from testifying under circumstances where at least this Court knows of no instance where a forensic psychiatrist faced criminal consequences when testifying as an expert in a state where they are unlicensed.” Margaret Jansch, an attorney for Eaton, and George, the prosecutor, both declined to comment Tuesday on the judge’s latest ruling. Pacht, in May, ruled that Eaton would be able to pursue an insanity defense, despite an objection from the prosecution that a deadline had passed for raising it.  READ MORE Eaton has pleaded not guilty to three counts of attempted murder in the shootings of the three young men – Hisham Awartani, Kinnan Abdalhamid and Tahseen Aliahmad, three out-of-state university students – in Burlington on the same evening in November 2023. Awartani remains paralyzed. The three men were in the Queen City visiting friends and family over Thanksgiving.  Eaton had argued during an earlier hearing in the case he was acting on behalf of a federal government agency, however, no evidence supports that claim.  If convicted of the charges, Eaton, 51, faces up to life in prison. Read the story on VTDigger here: Ruling sets up potential battle of experts in trial of man accused of shooting Palestinian students in Burlington. ...read more read less