Counsel for an Albemarle County doctor charged with sexually assaulting patients has filed a motion to dismiss indictments, alleging obstruction and perjury from the case’s lead detective.
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.
Dean currently faces at least three separate criminal trials, as well as a lawsuit, in Albemarle County Circuit Court.
The first criminal trial is scheduled to begin in August, though that date likely will be impacted by the COVID-19 pandemic. The trial initially was set for April 2019, but has been delayed multiple times since Dean waived his right to a speedy trial.
In a motion slated to be argued on May 29, counsel for Dean accuses Albemarle 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.
“The motive for the Detective’s perjury and obstruction was to bolster his unsupported theories relating to the Defendant’s pain management treatment of three patients,” the motion reads. “His endemic and shocking conduct impeded and prevented the [multi-jurisdictional grand jury] from the performance of its duty to find the truth and return indictments based on credible evidence.”
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.
“Not only did the Detective testify before both sessions of the [multi-jurisdictional grand jury] that the records showed that all of the medications were prescribed by the Defendant, he added additional fuel to this false narrative by implying that [one of the alleged victim’s] opioid dependence treatment was directly related in time to the Defendant’s treatment, rather than two years after she left the Defendant’s medical practice. This implication is flatly wrong,” the lawyers wrote.
The motion also argues that Marshall falsely claimed that a different alleged victim was raped, though her testimony only supports lesser sexual assault charges.
The motion argues that Marshall fabricated a “storage room” location, separate from Dean’s busy office locations, where the alleged rape occurred.
“Regardless of whether the plethora of his false statements and theories presented to the grand jury was due to incompetence, recklessness, or willfulness, the result is the same: the totality of the Detective’s obstructive conduct poisoned the water in the grand jury reservoir,” the conclusion of the motion reads. “Without question, there is grave doubt that the jurors’ decisions to indict were free from the substantial influence of the Detective’s unconstitutional behavior.”
A motion filed more recently also claims several pieces of evidence presented to a multi-jurisdictional grand jury in November 2017 are missing from the file kept at the Albemarle County Clerk’s Office.
The missing pieces of evidence include a website printout; a photograph of Dean; and summaries of Marshall’s interviews with two alleged victims.
According to Dean’s motion, a defendant is entitled to transcripts from multi-jurisdictional grand juries and all evidence presented to said juries.
“In other words, to adequately prepare his defense to charges lodged against him, the Defendant must have the opportunity to examine the precise nature of the evidence that jurors heard and saw in making their determination to return indictments,” the motion reads.
References to missing evidence of transcripts also were made in a second multi-jurisdictional grand jury hearing in January 2018, according to Dean’s motion.
It does not appear the commonwealth has yet to respond to either motion, but due to safety restrictions in place at the county clerk’s office, filings could not be verified by press deadline.
Unless the Supreme Court of Virginia issues another judicial order, suspending non-emergency hearings past the current May 17 date, Dean’s motions are expected to be argued at a May 29 hearing.