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Former Albemarle pain doctor now facing five separate trials

Five separate trials have been scheduled for a former Albemarle County pain management doctor accused of sexually assaulting several of his patients.

Dr. Mark Hormuz Dean was arrested in January 2018 and has been accused of sexual assault by several women who were his patients at Albemarle Pain Management Associates between 2011 and 2017.

For the better part of the last year, pre-trial motions have been heard behind closed doors to protect the alleged victims’ medical information. Albemarle County Commonwealth’s Attorney Jim Hingeley declined to comment on the case or the reasoning for the closed hearings.

However, according to a March 22 scheduling order, Dean is now set to face five separate trials, each one lasting five days. The first of these trials is currently scheduled to begin in August, with the subsequent trials scheduled to begin in September, November, January and February.

Dean’s trials have been delayed several times since the defendant waived his right to a speedy trial.

Last year, at least one of Dean’s trials was delayed because a judge had not yet ruled on a defense motion to dismiss indictments against him, alleging obstruction and perjury from the case’s lead detective.

Dean’s motion accused police Detective Charles Marshall of perjury, saying he presented false information to the grand jury on at least two occasions, violating Dean’s constitutional right to a fair trial.

According to the motion, Marshall made a variety of “unsupported claims,” including the existence of six witnesses who corroborated two of the alleged victims’ claims. Four of the witnesses did not work for Dean during the time of the offenses, the motion claims, and the other two witnesses provided exculpatory evidence.

Additionally, the motion argues that Marshall bolstered his case to the grand jury by claiming Dean was the sole source and prescriber of the pain medications oxycodone and fentanyl for alleged victims. Per medical records, Dean was not the sole source of pain medication for three of the alleged victims, and his counsel argues the claim is fabricated.

Given the large number of sealed documents in Dean’s case it is unclear whether a judge has resolved that issue and whether the ruling has impacted any of his trials.

An attorney for Dean did not return a request for comment on the status of Dean’s cases and separate trials.

Dean’s first five-day trial is set to begin on Aug. 23.

Source: www.dailyprogress.com

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