A divided and exhausted jury exonerated Dr. Raul Ixtlahuac who
practiced at the Kaiser Clinic in Gilroy on one charge of sexually
assaulting a patient during a pelvic exam, but failed to reach a
verdict on five other felony sexual assault charges Tuesday.
A divided and exhausted jury exonerated Dr. Raul Ixtlahuac who practiced at the Kaiser Clinic in Gilroy on one charge of sexually assaulting a patient during a pelvic exam, but failed to reach a verdict on five other felony sexual assault charges Tuesday.
A retrial is now likely following the hung jury that emerged after nearly five days in intense deliberations, said Deputy District Attorney Chuck Gillingham.
“I’m gratified that Dr. Ixtlahuac was acquitted on one count and there were no convictions,” Ixtlahuac’s Defense Attorney Doron Weinberg said Tuesday evening. “But I’m not pleased with the overall results because I have absolutely no doubt that (Ixtlahuac) is completely innocent of all charges, and I’m sorry that the jury didn’t come to that understanding. Hopefully Dr. Ixtlahuac will be vindicated in the future.”
Ixtlahuac, 41, faced up to 14 years in prison for four counts of alleged felony penetration with a foreign object and two counts of alleged felony sexual battery for instances occurring between the fall of 2000 and spring of 2001 at Kaiser Permanente, 7520 Arroyo Circle, where he had been a family physician for 12 years.
“This is absolutely maddening,” said Evelyn, one of the six alleged victims of Ixtlahuac’s.
Evelyn, 36, testified during the trial that Ixtlahuac penetrated her with his penis during an August 2000 visit when she was pregnant. Her last name is being withheld to protect her identity as a sexually assault victim.
“No one was in those rooms except the victims and the doctor,” said Evelyn, who lives in Hollister. “What does this say to other women and children assault victims who are urged to tell the truth? There’s a difference between a penis and a cold, hard exam tool.”
The defense contended that Evelyn mistook the gynecological speculum tool for Ixtlahuac’s penis.
Throughout the trial, four alleged victims of Ixtlahuac’s testified the doctor penetrated them with his penis during pelvic examinations, and two woman claimed he rubbed them in a sexual manner with his fingers. During all the examinations the women were separated from the doctor by a large drape hanging over their abdomen which obstructed their view.
Each of the victims – ages 25 to 42 – has filed a civil suit against Ixtlahuac, and most have done the same against Kaiser.
“I need to talk to the victims before I decide what we are going to do,” said Gillingham following the verdict. “I’ve never had a case be out with the jury for five days – it’s been intense and exhausting for everyone involved – but after a little reflection it’s likely we will go ahead (with a retrial).”
The one thing the jury of eight men and four women did agree to Tuesday is that the experienced and popular Gilroy doctor was innocent on one count of sexual battery in which the last of the six alleged victims to testify against said Ixtlahuac rubbed her vagina in a sexual manner during a 2001 exam.
Circumstances surrounding that exam including the time frame and the fact that there was at least one nurse in the room at the time of the exam fueled the jury’s conclusion, Gillingham said.
“It’s not that they didn’t believe her,” he said. “But they thought the contact was likely incidental.”
As for the five other charges, the jury voted 10 to 2 in favor of guilty on two counts of penetration and 9 to 3 in favor of guilty on the other three charges, Gillingham said.
Most of the dissension came from two men on the jury who were concerned with the physical impossibilities of the accusations against Ixtlahuac, Gillingham said. Throughout the two-week long trial Weinberg used an exam room table set up in the courtroom complete with a female mannequin to argue that the doctor’s height, width and penis erection size would not allow him to penetrate a patient who was on the table.
“I thought it was a ridiculous argument,” Gillingham said. “In hindsight, I would have argued against it more.”
When questioned as to their reasoning Tuesday, several members of the jury said they believed each of the women, but agreed with the defense that the truth had been distorted, Gillingham said.
During closing arguments the defense claimed that due to the complicated conditions and uncomfortable examinations, many of the women simply let their imaginations build to the point where they believed they were assaulted following police interviews and newspaper reports that detailed Ixtlahuac’s May 2001 arrest. Four of the alleged victims did not come forward until after Ixtlahuac’s arrest.
Neither Ixtlahuac nor Kaiser officials could be reached for comment Wednesday morning, but during his testimony Ixtlahuac denied improperly touching any of his patients.
Since his arrest, Ixtlahuac has been free on a $250,000 bond and placed on administrative leave from Kaiser. Weinberg has said Ixtlahuac is being paid by Kaiser, but it could not be confirmed by Kaiser. Ixlahuac’s medical license has been suspended pending the outcome of the trial.
On Tuesday, Ixtlahuac arrived at the Hall of Justice in San Jose with his wife who has been by his side throughout the trial. That woman is his second wife – his first wife left him following his 2001 arrest, Evelyn and other sources have said.
Ixtlahuac lives in Salinas, is a native of Southern California and received his medical degree from the University of Washington. His residency was completed at Stanford University.
The case against the doctor will now go back to the Superior Court system with March 26 already set for preliminary discussions.
