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Abusive Doctor Hadden Guilty But Dodges Jail For Now As Victims Speak So Feb 1 Hearing

By Matthew Russell Lee, Patreon Video Photo

SDNY COURTHOUSE, Jan 24 – Columbia University doctor Robert A. Hadden was hit on September 9, 2020 with a Federal indictment charging that "sexually abused dozens of female patients, including multiple minors, under the guise of conducting purported gynecological and obstetric examinations."

The case was assigned to U.S. District Court for the Southern District of New York Judge Richard M. Berman, who handled the case of Jeffrey Epstein until he died in the Metropolitan Correctional Center.   Epstein came up during the bail argument, which Hadden won. Inner City Press live tweeted it.

On January 23, 2023, just after Hadden was found guilty, there was an argument about whether to immediately remand him to prison. Victims said yes, the US argued for it; Federal Defenders said no. Judge Berman set a hearing for February 1 and allowed Hadden to leave, telling him to come up with a Plan B. Video of exit here. Inner City Press live tweeted here:

OK - now after guilty verdict on four counts of sexually abusing patients, (ex) Doctor Robert Hadden faces remand hearing 

Judge Berman: I could take written submissions on the request for remand...

Assistant US Attorney: If you will remand him pending the decision. We have victims present who wish to speak. Judge: Of course. Now? Berman's lawyer: May I be heard? AUSA: He abused trust

AUSA: He abused victims from the late 1980s to 2012 - even after that, Columbia let him return and practice medicine. He continued assaults. He abused a pregnant victim. He conducted an exam, pulled her toward him, and pulled her pants down [and more]

AUSA: Hadden claimed he was indigent. But in 2020, this Court found he arranged transfers of $1.25 million to his immediate family members and that it undermined his claim for court-appointed lawyers. The defendant did all he could to avoid punishment

AUSA: The Court can have no confidence he won't use transferred resources to avoid prison time. The Court cannot trust him. In pre-trial filings, he argued his state plan was not voluntary. Then he changed tack. He wrote that his victims lied. He can't be trusted

AUSA: We are prepared to call victims. Judge Berman: I'll hear from the defense briefing, then victims. Hadden's lawyer: These are considerations for sentencing. The only question is risk of flight. There is none. He has shown up here [points at him in front row]

 Hadden's lawyer: He has not left the US since 1984. He came every day and stuck it out. He won't travel due to is wife with diabetes, and his grown son who is mentally disabled. Mr Hadden bathes him. He will not leave them in the lurch

Hadden's lawyer: He's living on disability, going to church & the  grocery store. His co-signer is here- Judge Berman: Is that a relative? Hadden's lawyer: No. [Note: so, even sex criminal's co-signer is not confidential. So how is Bankman-Fried requesting it?]

Hadden's lawyer: He faces a significant sentence, he is aware of that. Don't attribute to Mr. Hadden my litigation strategy. Judge Berman: This is complicated. I don't want to shoot from the hip. I will want a written submission on bail / remand.

Hadden's lawyer: His mental medication is not available in the MDC. He would remain out-- Judge Berman: I am going to do that. But be aware, there is a sense that Mr. Hadden has always presented reasons he can't afford a lawyer, can't go to jail

Judge Berman: He needs a Plan B. If people need to be assisted, he'll have to put that in place a.s.a.p. As soon as his name comes up, people are mystified he pled in state court and got a conditional discharge, unheard of. Come up with a Plan B.

 Hadden's lawyer: The statute only says risk of flight, not "did you get too lucky last time." Judge: I do remember that assets were transferred, multi-million dollars.  Hadden's lawyer: His inheritance. He disclaimed it to his children. He didn't move it overseas

 Judge Berman: He needs Plan B and he needs it right away. Do the victims wish to speak? AUSA: Give us a moment. [The stated decision that Hadden will walk out of court today has changed the mood.] AUSA: Some defendants cut their [GPS] bracelets...

Judge Berman: What about danger to community? Hadden's lawyer: The government has not argued it. AUSA: The first victim... Victim-1: I have been doing this since June 2012. I want to thank you for what you just said. Hadden has continued to live a life at home

Victim-1: We walk the earth tortured by what this person did. Thank you for listening to us. AUSA: Next victim is Marissa Hoechstetter. Ms Hoechstetter: I went to see Mr. Hadden because I was a friend of his niece - he talked about her as he abused me.

 Ms. Hoechstetter: I worked to pass a law to allow changing of names on birth certificate, to take his name off. He delivered my children by C-section. He was the first to touch them. I had to see that, when they registered for school. Other victims are watching.

 Judge Berman: The civil proceeding, what is the time frame? Ms. Hoechstetter: I helped pass the law that allows the one-year look-back. It is an evolving situation. His evasion of accountability continues to be painful for many many people and their families.

AUSA: Next is Jessica Sell Chambers. Jessica Sell Chambers: What he did to me has impacted me for 20 years, his giddiness as he touched me. That is PTSD.  210 women with 15 years of memories. He has effected thousands of years. Each time he has been given a pass

 Jessica Sell Chambers: The ante has just been upped. He has more motivation to do any number of things. He has sentenced us to thousands of years. He should be taken into custody to avoid him harming himself. This is what is owed to us.

 AUSA: Next... Robyn Bass Lavender: I went to Barnard College. Understanding now what he did to me... when I see doctors now... A lot of emotions and confusion... We've known for ten years, and he's just gone on living his life. We all take care of our families

 Robyn Bass Lavender: He shouldn't have another 90 days to live in his house, eating his own food. It's time to go to jail. AUSA: Next is Liz Hall.

Liz Hall (sobs) I've told my story often, but I've yet to actually be heard. I was 21. He gave me free birth control Liz Hall: I have two children whom I also take care of. His assault of me was in his closed office. He told me how my body came back, he jumped up and assaulted me. I had already seen him for 10 years.

 Liz Hall: I was so happy when he was arrested. But he was immediately released. He has never been held accountable. Every woman who has seen him was a victim - that's 1000s. He shows no remorse. I was here every day. My job might be on the line

Liz Hall: I just don't want to be assaulted by him anymore. Please detain him. AUSA: Next... Laurie Maldonado: I'm new to using my name. It makes me stand taller and prouder. I want to thank the women here. They have changed laws. I have been here every day.

Maldonado: 48 hours before my child was born, he shoved a fist in me. It was sexual assault. My husband asked, Were you violated? I said Yes. But I didn't understand, I could barely walk. This is so painful. My son is so beautiful. Hadden could have harmed him

Madonado: He needs to be behind bars as soon as possible.  [Two of Hadden's lawyer are whispering to each other] AUSA: Next is Dayna Solomon. Dayna Solomon: He is the most insidious human being I've ever met. I didn't believe he'd been arrested.

 Dayna Solomon: I saw when he was allowed to come back to work. He shoved his finger up me. So insidious. It feels like I was raped in my sleep. It's haunting. How can he get to go home and grieve with this family and taper off his medication. We don't get to

Dayna Solomon: Why not just get rid of him now? It's like the day he came back to work, letting him go out there. AUSA: Now, not in her true name, we'll provide the name to defense counsel. Victim: I was to be part of the initial trial - then he got a plea deal

 Victim: I haven't been able to be a mom to my kids because of what he did. I have debilitating migraines. He should have a Plan B already. I was 20, I was a virgin, I went to Hadden to regulate my period because I was engaged. I grew up in an Orthodox household

 Victim: I bled after the visit, not on my wedding night. I have had three babies, three live babies. He would check if I was dilated, from the very first month. I didn't realize it until I had my fourth child with another doctor.

Victim: In July 2011 he just grabbed my breast. I looked down. He was wearing khaki Dockers and he had an erection. He had milk in his beard. I ran out of there, loudly on my phone. I told my husband I'm never having any more kids. I would have had a larger family

 AUSA: I read the statement of Emily Anderson. She urges the court to detain the defendant. So does Gabriela Diaz, she says she has been serving a life sentence.  Every day he is free is a risk, to flee or harm himself. Detain him tonight, with hearing tomorrow 9 am

 Judge Berman: Why has no one raised danger to the community? [Here's an idea: possible suicide as risk of flight]

Judge Berman: I think it's too narrow a view. The victims' story is danger to the community. What I'm suggesting is that the focus may be off.  AUSA: There is a risk he could harm another victim. Judge Berman: You're probably more schooled that I am in the case law

Judge Berman: I haven't heard from pre-trial, now post-trial. What is the psychological regime that Mr. Hadden has followed? Pre-Trial: He sees a psychiatrist, and a therapist.  Judge Berman: What days?  I have a license but I don't practice, except here.

Judge Berman: My mind is open but what is astonishing to me, it's almost inconceivable someone with those compulsion can't turn the switch and not be a danger to the community.  Hadden's lawyer: He's registered as a sex offender. The FBI has torn his life apart

 Judge Berman: It's inconceivable to me that there is not a danger, maybe to himself [Again: suicide risk as risk of flight?] Judge Berman: I'm not concerned about Second Circuit cases right now. If I'm right and they say different, they're wrong.

Hadden's lawyer: Tomorrow morning is too fast, I have a proffer to make [For Ms. White in US v. Billy Ortega? ]

Judge Berman: Hearing Feb 1 at noon. AUSA: We urge him detained until then. Judge Berman: He's not going to run, he'd be the most known person if he did

AUSA: Presumably he is distraught, he urge him detained until the hearing. Judge Berman: I believe that's not appropriate, we do not have enough information.

AUSA: The defendant has not met his burden. Judge: Briefs Monday at noon. Then Feb 1, everyone is invited

 [Note: There are at times bail appeals to the 2d Circuit. No stay for that being requested here.]

Judge Berman: In the submissions, I also want Plan B. I think that's it for today. See you February 1.sdny


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