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Abusing OB/GYN Hadden Appealed Remand Now Sentencing Delay into July Mulled

By Matthew Russell Lee, Patreon Video Photo

SDNY COURTHOUSE, May 9 – Former 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.

On February 1, victims spoke and then Hadden was remanded, with immediate effect. Inner City Press live tweeted it, thread here and below.

On February 3 Hadden's Federal Defender wrote to Judge Berman to "immediately issue an order providing the reasons for [his] decision to remand Mr Hadden" - to provide it to the Second Circuit Court of Appeals.

On February 6 Judge Berman issued a detailed order, including that "a defendant such as Hadden who is 64 years old and faces up to 80 years of incarceration and significant claims for damages has a real incentive to flee." Order on Inner City Press' DocumentCloud here.

On March 9, Hadden with the US' consent asked to delay sentencing 60 days to late June to permit "the defense psychosexual expert (Dr. Alexander Barday) sufficient time to interview and evaluation Mr. Hadden."

Docketed on March 10, Judge Berman's OK with the notation, "That's a good idea" - " as to Robert Hadden (1) granting [281] CONSENT MOTION to Postpone Sentencing for 60 days. ENDORSEMENT: That's a good idea. Application granted. New sentencing date is June 20, 2023."

But is a good idea at one time still a good idea a second time? On May 5, Hadden's Federal Defender asked for more time: "asks for a second adjournment of sentencing. The defense psychosexual expert (Dr. Alexander Bardey) has completed the testing and interview portions of Mr. Hadden’s evaluation, but is awaiting additional records and information that are necessary to his completion of the evaluation. So that Probation may receive Dr. Bardey’s evaluation and take account of it in the final PreSentence Report, and so that counsel may similarly take account of the evaluation in our sentencing submissions, we ask that the Court adjourn the disclosure date for the final PSR to July 10, 2023, and schedule the sentencing for a date in August 2023." 

On May 9, Judge Berman convened a proceeding and Inner City Press covered it, threadette here:

in SDNY, on convicted sex criminal "doctor" Hadden, now a conference about the upcoming sentencing and if victims have been informed how to participate.

Assistant US Attorney: We intend to package all of the victims' submissions for the Court before the sentencing.

Judge Richard M. Berman: Have you reached out to all known victims?

AUSA: We sent out a notification, & reached out via attorneys that may rep victims

Judge Berman: August is off the table [for sentencing]. Maybe later in June.  Lean on Doctor Bardey.

Federal Defender: The delay is from lock downs in the MDC [Metropolitan Detention Center]. We'd ask for July.

 Judge Berman: This is a huge disappointment.

Afterward: "Minute Entry for proceedings held before Judge Richard M. Berman: Telephone Conference as to Robert Hadden held on 5/9/2023. Teleconference held; Judge Richard M. Berman presiding; AUSA Paul Monteleoni and AUSA Kim present; Defense attorneys Deirdre von Dornum, Michael Weil and Kathryn Wozencroft present; conference held; Court directs that the parties meet and confer and submit to the Court proposed date(s) for the requested adjournment of the sentence; Court directs that the parties propose the earliest possible date or dates in July as close to the current sentencing date." Watch this site.

From February 1: OK - now bail hearing on sex abusing doctor Hadden. He's been convicted and his victims want him to (finally) to go jail, pending sentencing. 

Hadden's Federal Defender: He's done a lot of work on himself, with journaling... They offered him a deal & he took it. He stopped practicing as a doctor. His therapist calls him home-bound, even before the state guilty plea. He is publicly shamed in a way few are

 Hadden's Federal Defender: He was on every TV broadcast. Shame does have a deterrent effect.  OK, they found suspicious data on his wife's laptop. There was a capacity to mirror, a virtual drive like every Windows operating system. Also searches for porn...

Hadden's Federal Defender: It's like having a corner of a piece of paper that says Lolita on it...  I think we have met our burden. Judge Richard M. Berman: On restorative justice it's way too early in the scheme of things.  FD: It could begin with a victim letter

Assistant US Attorney: He has been found guilty. He has no expectation of bail.  43 victims have asked the court for remand. Nine wish to be heard in person today.  Defendant claims they do not matter, as to remand.

AUSA: After he was arrested, he was allowed to return to work - and assaulted Victim 53. Now on his laptops - we found that the wife's laptop was on the Dark Web. Federal Defender: We haven't been shown this. We need time - Judge: There was litigation on this.

Now a victim named in the docket: Marissa Hoechstetter She: This is a masterclass in gaslighting. I've gone back to look at my testimony. I've spoken to the governor, trying to explain what happened to us at Hadden hand and *under Columbia's watch.* He's convicted

Hoechstetter: This person cut me open and delivered my children, and abused me. The swiftness of the jury's verdict is meaningful. I've witnessed him in two different court - the state plea, and this Federal verdict. He cannot continue to get special treatment

Hoechstetter: He should have thought about his family before committing these crimes. He did - he used their photos as props in his office, to groom us. His daughter has disowned him. Those here need something from him. Detain him without further delay

Next is Dayna Solomon. Solomon: I was his patient for a decade. He was in my body for his sexual pleasure. I asked why he did it. He said, To make sure there is no milk coming out. I was made to feel like an idiot, that I was the one who was wrong.

Solomon: I let him in on some pretty personal things about my sex life, I had medical reasons. I feel so naive  - I offered this to a sexual predator. He was raising his eyebrows like he was listening to porn. Next time he'd ask, How's it going? It was disgusting

 Solomon: He's a con man. There is no acceptance of responsibility. My daughter got a four page letter how and why she needs special services - and he gets a one page letter from a supposed therapist? There's nothing there. His commitment to his family is a joke

AUSA: The last victim is Robyn Lavender. Lavender: Columbia University and the legal system failed us numerous times. He should have been prosecuted in 2012. Columbia should never have let him come back to work. And he should have served jail time after his plea

 Lavender: I had 50 appointments with him. My doctor abused me for his own sexual desire.  Please don't allow him to continue living in the comfort of his own home for one more day, or to take his own life. Don't let him inflict unspeakable harm on his family

[Judge Berman is jotting things down.] Judge: Here is my ruling. It is a short version and it goes as follows: There is a significant difference in the law pre and post conviction. Two, once convicted, there is a presumption of mandatory remand.

Judge Berman: Three, the defense has the burden. Four, the written decision I will publish tomorrow morning will expand on this. I find that the defendant has not met his burden on flight risk or dangerous. He is remanded immediately

Hadden's Federal Defender: Your honor, may we seek a stay --

Judge Berman: I'm done.  And you're done.


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