Abusing
OB/GYN Hadden
Appealed
Remand Now
2-Part
Sentencing
June 28 and
July 24
By Matthew
Russell Lee, Patreon Video Photo
SDNY COURTHOUSE,
May 11 – 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.
On May 11, Judge
Berman docketed: "ORDER as to
Robert Hadden. Based upon the
record herein, including
counsels' submissions dated
May 5, 2023, May 9, 2023 and
May 11, 2023; the Court
resolves the parties proposed
sentence schedules as follows:
The sentence hearing will
commence with victim
statements on June 28, 2023 at
9:30 am in Courtroom 17 B; The
sentence hearing will continue
on July 24, 2023 at 9:30 am;
Dr. Bardey's report shall be
provided to the Government,
Probation and the Court on or
before May 23, 2023; Probation
shall file its Final PSR on
June 6, 2023; Defense shall
file its written sentencing
submission by June 13, 2023;
Government shall file its
written sentencing submission
(including victim statements)
by June 20, 2023; The Defense
may file a supplemental
submission (based on materials
received after the June 13,
2023 submission) by July 6,
2023; The Government may file
a supplemental submission
(based upon materials received
after the June 20, 2023
submission) by July 13, 2023.
The Government is requested to
provide all victims (and their
counsel if known) with notice
of the hearings and of their
rights to attend and/or
participate under the Crime
Victims Rights Act, 18 USC §
3771. (Signed by Judge Richard
M. Berman on 5/11/23)."
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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