SAN JOSE
– 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.
”
SAN JOSE – 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 occuring 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 today, 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 Ixtlahuac said he 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.
Evelyn said she would have no reason to make up charges against the man who had been her trusted doctor since 1993.
“None of the victims have ever talked to each other so it would be pretty amazing if we all imagined the same thing,” she said. “How could we all come up with the same story? I own my own business and I’m well off – I have no need for money. I just believe the doctor and Kaiser should take responsibility.”
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 since been free on a $250,000 bond and placed on administrative leave from Kaiser.
Kaiser spokesperson Kimberly Ellis said she “believes Ixtlahuac is being paid” while on administrative leave. 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.
Several of the doctor’s former female patients attended parts of the trial to show their support for the doctor.
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 a date March 26 already set for preliminary discussions.
Evelyn is hoping for a retrial.
“If they let this man walk free there is no justice,” she said. “I will testify as many times as they need me to and then hopefully the truth will finally get him.”
