SAN JOSE
– Some of Dr. Raul Ixtlahuac’s five accusers appear to have
altered their stories somewhat in the two-plus years since they
were first interviewed by police.
SAN JOSE – Some of Dr. Raul Ixtlahuac’s five accusers appear to have altered their stories somewhat in the two-plus years since they were first interviewed by police.
They haven’t, however, changed the heart of their accusations – that the physician had sexual intercourse with them or touched them sexually during gynecological exams at Kaiser Permanente in Gilroy.
The apparent inconsistencies came out while Ixtlahuac’s (ISHT-la-wok’s) defense attorney cross-examined former Detective (now Corporal) Julius Snow, of the Gilroy Police Department, on Thursday.
According to Snow, a 41-year-old woman named Georgette (last names were withheld in court to protect the alleged victims’ identities) told him Ixtlahuac only gave her a pelvic exam in November 2000 and that no nurse was present. On the witness stand Wednesday, Georgette said Ixtlahuac also did a breast exam, with a nurse present, in which he “cupped” her breasts instead of “finger-walking,” as he and other doctors had done before. Georgette said the nurse left before Ixtlahuac performed the pelvic exam, during which, she claims, he had sexual intercourse with her.
Ixtlahuac’s attorney, Doron Weinberg, had said he would show the jury that the women accusing his client were far less sure of “what they saw, felt and understood at the time” than they seem to be now. Due in part to “systematic encourage(ment)” by prosecution, Weinberg said, “Each has added details and become more positive that crimes have been committed.”
The police testimony Thursday was not given in Ixtlahuac’s first trail, in February and March. That jury deadlocked, prompting a retrial that began last week with jury selection.
Ixtlahuac faces four counts of unlawful sexual penetration and one count of sexual battery. If convicted, he could face more then a decade in prison. If acquitted, he could return to practice medicine.
Weinberg also pointed out inconsistencies in the testimony of Denise, a 42-year-old woman who claims Ixtlahuac rubbed her clitoris in a sexual manner during a September 2000 pelvic exam. According to Snow, Denise said she hadn’t told anyone about the alleged touching when she reported it to police in May 2001. Later, Denise said she had told a co-worker when she returned that day from the appointment in question. The co-worker, Renee Abena, has confirmed this in court more than once.
Snow said he heard about Abena during a preliminary hearing and interviewed her in July 2002. Abena again said Denise had told her the incident had happened earlier that morning. When Snow asked how long ago this was, Abena estimated it was only four months before. It was actually about 22 months.
Both Georgette and Denise said they were too scared to go to police until after Ixtlahuac was arrested for a different alleged sexual assault, in May 2001.
Deputy District Attorney Chuck Gillingham said he may call a new witness not heard from in the spring when the trial resumes on Monday. Contrary to speculation, this would not be a more recent accuser who Gillingham said contacted him in March.
