| Columbia Doctor Hadden Out
on Sex Abuse Charge Wants Free Lawyer As Plea
Unsealed
By Matthew
Russell Lee, Patreon Video Photo
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SDNY COURTHOUSE,
Oct 21 – Columbia
University doctor Robert A.
Hadden was hit on September 9
with a Federal indictment
charging that "sexually abused
dozens of female patients,
including multiple minors,
under the guise of conducting
purported gynecological and
obstetric examinations."
The case is
assigned to U.S. District
Court for the Southern
District of New York Judge
Richard M. Berman, who handled
the case of Jeffrey Epstein
until he died in the
Metropolitan Correctional
Center. Epstein
came up during the bail
argument, which Hadden won.
Inner City Press live tweeted
it, below.
It emerges
that Judge Berman granted
modifications to Hadden's bond
- and the sealing of the names
of non-family suretors. No
notice to the press and public
was provided.
On October 21
Judge Berman held a
proceeding, and Inner City
Press live tweeted it here:
Judge Berman is
starting - says Hadden wants a
tax payer funded lawyer now
(like Michael Avenatti has
gotten, while sealing his
affidavit for now, here, like
Parnas co-defendant David
Correia).
Judge
Berman says he wants more
information from Hadden. Judge
Berman: We need a more
professional and up to date
financial affidavit. I want
one that is notarized,
accompanied by a certified
financial report prepared by
an accountant. [Could most low
income defendants do this?
What are the rules/ And will
it be public?
Now
Pre-Trial Services from NJ is
on the line. Judge
Berman: I need more than back
of the envelope type
information, before I can
determine if he is entitled to
appointed counsel. We're going
to have to do a do-over.
Q: Like in a
pre-sentence report? Judge
Berman: I want three years of
financials, certified. Then
I'll take a look. For the
moment, I prefer that current
counsel remains in the
picture. Any questions? So,
the 2d issue, I want to hear
from pre-trial services
Pre-trial: No
issues. He calls in when need.
Judge Berman: He has other
obligations. A mental health
evaluation & therapeutic
counseling. Pre-Trial: I
have spoken with his
psychiatrist. Judge
Berman: Did you mention a
name?
Pre-Trial: They
are meeting on Zoom
Hadden's lawyer:
That should be ex parte, not
public - like the suretors are
not public. Some might target
them, members of the public
who have an agenda.
Judge Berman: I
don't agree as to
professionals. Over your
objection, I am going to ask
for the names.
Pre-Trial:
Susan Powders (sp),
psychiatrist and Dr Mirantz,
psychologist, tele-health.
Judge Berman: I had
requested documents from the
NYS court proceeding, the plea
and sentencing transcript
[Inner City Press note: echoes
of Epstein, Florida state
proceeding]
Judge Berman:
You've said you want to avoid
additional adverse pre-trial
publicity - that is, to not
file the NYS transcripts. But
they are publicly filed
documents, including the risk
assessment repeated in the NYS
sentencing proceeding Inner
City Press
Judge Berman:
You've argued that the non
public nature of the documents
is based on the practices of
the NY County DA
Judge Berman:
Frankly I didn't see much that
was private in those
documents... There was a
written waiver of a right to
appeal... the SORA risk
assessment (Judge Berman
reading from a transcript)
Judge Berman: The
NYS documents were relied
upon, so I am going to file on
the public docket: the NYS
indictment, the NYS plea
transcript, the NYS sentencing
transcript, the risk
assessment, the NYS plea
agreement and the email
between the ADA and Hadden's
counsel
AUSA: If
Hadden gets a taxpayer funded
CJA lawyer, the government is
only aware of conflicts of
interest with regard to
Debevoise and Paul Weiss, but
not with Federal Defenders.
Hadden's
lawyer asks how to get
anything notarized due to
COVID. Judge Berman says he's
looking forward to it. Sets
next conference for after
election day. Nov 12, 9:30 pm.
On
September 25 Judge Berman held
a proceeding, and Inner City
Press live tweeted:
Hadden's lawyer
emphasizes he stopped
practicing medicine in 2012.
AUSA wants names redacted;
says her Office forwards all
court date info to the
victims.
Judge Berman: If
you send me a joint letter,
maybe the next status
conference won't be needed.
First is the conditional
discharge that was subject to
the plea agreement. Was it for
three years? Or one year?
Judge
Berman: And what's the level
of Mr. Hadden's reporting in
New Jersey, where he lives?
Q: Is the Court
asking the District Attorney's
office to say why it accept,
for Mr. Haddan, Level 1?
[NOTE: While NY
DA is playing hero in 2d Cir,
looking baaad here.]
Hadden
proceeding wrapping up. Next
is Oct 2, though that would be
canceled if bail issues are
resolved. There's a letter due
about what NY District
Attorney did on Hadden
Inner City
Press will continue on this.
Back on
September 9 close to 10 pm,
Hadden emerged from Pre-Trial
then the courthouse. Inner
City Press and three others
sought to ask him questions,
about the victims' statements
and double jeopardy. He did
not answer. A man in an FBI
t-shirt led him first up
Mulberry Street, then past the
NYC criminal court at 100
Centre Street and finally out
to Broadway and Reade Street
where a taxi was waiting for
Hadden. Periscope video here.
SDNY Acting
US Attorney Audrey Strauss
held a press conference about
the case on September 9.
Inner City
Press asked her if the
indictment had been returned
by a fully in-person grand
jury, or if it had included a
virtual component of the type
being questioned in the CIA /
Joshua Schulte, Melzer, Balde
and other cases.
US
Attorney Strauss said the
indictment was returned in the
normal course, by a sitting
grand jury. Periscope video here.
Alamy photo here.
She declined to say
whether her office would be
seeking detention pending
trial, or agreeing to a bail
package as they did in the
recent case of indicted UN
rapist Karim Elkorany.
There was no
mention at the press
conference for the charges
against Hadden made publicly
by Evelyn Yang, the wife of
Andrew Yang, and not much
mention of Manhattan DA Cyrus
Vance.
Hours later, a
bail proceeding before SDNY
Magistrate Judge Robert
Lehrburger (and not the
Magistrate on duty on
September 8, Barbara Moses).
Inner City Press live tweeted
it:
Speaking for the
US is AUSA Maurene Comey...
Judge
Lehrburger: We are proceeding
under the CARES Act. This is
open to the press and public.
Any recording is
prohibited. Hadden's lawyer:
We are only representing him
for this proceeding
Judge
Lehrburger: You have the right
to remain silent... You have a
right to be released unless I
find danger to the community
or risk of non-appearance for
future court
proceedings. [Note:
Ghislaine Maxwell was found a
risk of flight]
Judge Lehrburger:
You are charged with six
counts of Enticement and
Inducement to Travel To Engage
In Illegal Sex Acts. Hadden's
lawyer enters not guilty plea.
AUSA Maurene Comey: The
government seeks detention as
risk of flight.
AUSA Comey:
Today, the government has
communicated with 20 victims.
They all say he should be
detained. He has the financial
means to flee. Because of the
minor victim, there is a
statutory presumption of
detention that cannot be
overcome.
AUSA Comey:
He abused dozens of victims,
including multiple minors, as
prominent institution's
[Columbia U] OB-GYN. He would
sent nurses out of the room.
[Did they ever report it?]
AUSA Comey: He
conducted unneeded breast
exams. He touched genitals
without any medical purpose.
He attempted to stimulate
them, to gratify himself. For
two decades. One victim, he
had delivered as a baby
AUSA Comey: The
women traveled to see him
because he worked at a
prominent institution. [What
about Columbia?]
He faces 20
years on each count. He is
already 62. So he has an
incentive to flee. The victims
have a right to see him in
court, being held to account.
AUSA Comey:
The government's cooperation
with the FBI remains ongoing.
We expect a superseding
indictment. He will face more
exposure. He recently received
several hundreds of thousands
of dollars in life insurance
policies. Sure he has a home
in New Jersey.
AUSA Comey:
The NY County DA previously
charged him - he was sentenced
without jail time in 2016. Now
that he is Federally charged,
he faces more serious prison
time. His interests have
shifted. He should not be
allowed to re-victimize by
fleeing.
AUSA Comey: Under
the Crimes Victims Act, we
have informed those with whom
we spoke in our investigation.
All 20 said, Detain him. Some
wish to address the court. 1
is on the line & will
speak in her own name. 5
provided written statements, 4
of them as Jane Doe
Judge
Lehrburger: Am I correct you
are not pursuing detention
based on danger to the
community? AUSA Comey: Not at
this time. Defense lawyer:
They haven't met the
threshold. He stopped being a
doctor 8 years ago, nothing
has occurred since. I met him
in 2012.
Hadden's
lawyer: He was arrested and
unarrested. Two years later he
was indicted by the NY County
DA. During that time civil
litigation was filed against
him. He didn't go anywhere.
Sure he got no jail time. But
that was due to a Brady
violation by a prosecutor
Hadden's lawyer:
They spoke with Mr. Hadden's
daughter today and they know
the money he gave her was to
assist her in buying her first
home. He has a 29 year old son
Alex who is mentally retarded,
IQ in the 40s... His wife had
juvenile diabetes
Hadden's
lawyer: The US wants to bring
him to trial. They made that
clear at the rather loud press
conference they held today. I
don't know how many of their
sources are plaintiffs in the
civil litigation. The State
had a 800 number. Mr. DiPietro
has an 800 number
Hadden's lawyer:
We know was going on at the
MCC and MDC, and the lawsuits.
He has high blood pressure.
Pre-Trial has recommended that
bail be set. AUSA Comey: I
don't know what defense
counsel was implying about the
victims. They wish to be heard
today.
Judge Lehrburger:
I leave it to you, AUSA, to
orchestrate testimony.
Hadden's lawyer: We object to
any anonymous victims. Judge
Lehrburger: Please proceed.
Jessica Chambers. I'm upset
the defense says he can't
victim again. That's
disrespect
Jessica
Chambers: The court needs to
make sure he can't flee or
hurt himself. AUSA Comey: I
have 5 statements. 1st by
Lauren Kanyok. She says, I
called the police. I had just
had a baby. Now I am afraid to
be naked and alone with a man.
It was a long twisted road
Lauren Kanyok's
statement: I will have to tell
my daughter. No doctor has a
right to violate you. Do not
allow him to be free. AUSA
Comey: Judge Berman has
allowed, in US v Epstein,
anonymous testimony. If these
testify at trial, we will
provide the names.
Hadden's lawyer:
Is Ms. Kanyok one of the six
in the complaint? AUSA Comey:
We are not in a position to
answer that. Judge Lehrburger:
Let's hear the statements.
AUSA Comey: Jane Doe 1, quote,
"I won't call him a man. He
preyed on women. Only later
did I realize.
Jane Doe 1: He
should not be bailed. The
system failed us once. I hope
you stand behind us, your
Honor.
JD 2: He
does not deserve bail. He has
disregarded my body. My trust
has been shattered.
JD 3: Justice was
not served in 2016. He should
not have the Internet
Jane Doe 4: He
has violated all types of
women. He should not be
bailed. Judge Lehrburger: I
want to thank the victims. I
am taking them into account to
the extent I can. My
obligation is to determine if
there are conditions to
reasonably assure return to
court.
Judge
Lehrburger: Is this a
presumption case? AUSA Comey:
Yes. Judge Lehrburger: The
defense may rebut, then the US
has to show by a
preponderance... The nature of
the offense is monstrous. The
defense has shown the care of
impaired child
Cutting in: an
adult
Judge
Lehrburger: These is very
little evidence of risk of
flight... He did not flee in
the past. The bottom line is
while it may be desirable to
detain someone out of
retribution, I don't have
enough from the government...
Judge Lehrburger:
We are reminded by the case of
Mr. Epstein that one can
escape justice by taking one's
life - even in prison. If he
is found guilty, he should be
punished. But I am not able to
find no set of conditions...
So, I am not prepared to
detain him.
Judge
Lehrburger: A million dollar
bond sounds appropriate,
pledging the home, co-signed
by three financial responsible
persons. Who? Hadden's lawyer:
Wife, and I don't know.
Judge Lehrburger:
I am going to order electronic
monitoring, with a curfew.
Hadden's lawyer: He is
responsible for all the
shopping. Judge
Lehrburger: Only out for care
of the children and to sustain
himself, his wife and home.
Hadden's lawyer:
And legal visits
Judge Lehrburger:
And religious. I'd like to
order GPS. Self-installation
would be allowed. Travel
limited to SDNY, EDNY and NJ
"and points in between." No
contact with victims or
witnesses; no unsupervised
contact with minors except his
daughter. [The homebuyer?]
Judge Lehrburger:
In terms of satisfying the
conditions, when will the
signatures be in place?
Hadden's lawyer: Everything is
clunky with COVID. Give us
until next week. Judge
Lehrburger: Ten days. Let him
sign this evening.
AUSA Comey:
Give us a control date in 2
weeks, and exclusion of time
under the Speedy Trial Act.
Judge Lehrburger:
Agreed. Another defense
lawyer: The US took his
electronic devices. There will
be legally privileged material
on them.
Judge Lehrburger:
We are adjourned.
The case is
US v. Hadden, 20-cr-468
(Berman / Lehrburger).
***
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