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State v. Mr. A (DMC No. 134643)

(11 COUNTS) FELONY SEXUAL ABUSE REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. A (DMC No. 134643) (Maricopa County Superior Court CR2014-140803):

Dr. A was practicing as a Nephrologist and Kidney expert at the medical office he founded. A client was examined by him and alleged that he fondled her vagina area and pressed his erect penis against her while conducting an exam. After this was reported to Police, they arrested Dr. A and publicized the case on the local news. As a result, 8 other women came forward claiming that they had also been sexually abused by Dr. A during medical examinations. Ultimately, he was indicted with 11 Counts of Sex Abuse per Arizona Revised Statute ARS 13-1404, involving 8 different women. The 9th women’s allegation had previously been investigated by Police (in which I represented Dr. A several years prior), and he was not charged because the Statute of Limitations had since run regarding that particular victim’s case.

We subpoenaed and interviewed many of his medical staff and we were able to show that only 1 patient had ever complained of any type of misbehavior by Dr. A. We also used a private investigator to research the backgrounds of many of the alleged victims, and we were able to show that some of them had prior mental health issues. After the case had been ongoing for over a year, we were able to secure a settlement conference in front of a settlement Judge. During that settlement conference, I argued to the Judge that Prison was inappropriate, and any plea should not contain Jail as a condition of probation. We finally settled on a plea which would require some deferred Jail, thereby allowing Dr. A to remain free during his probation. The final plea was to 2 Counts of Sexual Abuse, (1 a Class 5 Felony, and 1 a Class 6 Felony), with a stipulation to Probation and Jail to be left up to the Judge.

At sentencing, I argued to the Judge numerous mitigating factors and requested deferred Jail. After the victims spoke, the Prosecutor requested 2 full years of Jail and a request that Dr. A be taken into custody in front of the victims. Ultimately, the Judge gave Dr. A supervised Probation and deferred Jail time. Dr. A is performing admirably on Probation, and it is our expectation he will not serve even 1 day in Jail.

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