Authorities say a psychiatrist convicted of raping one of his patients wore a disguise in order to sneak into the courtroom and leave bogus jury instructions and flyers designed to tamper with the jury before they reached their verdict, according to the New York Post.
The former shrink was charged Thursday with 13 counts of attempted juror tampering and burglary after videotape surveillance footage allegedly showed that he wore a disguise and taped up misleading jury instructions about reasonable doubt in private jury rooms. The footage even shows the defendant ditching a walker that he was using during the trial when he donned his disguise, prosecutors say.
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Marshall Hubsher, 67, was charged with the 2012 rape of a female patient he was treating for depression. The unnamed woman, who was 32-years-old at the time of the sexual assault, said Hubsher raped her at his office in Flower Hill in April of 2012. He was charged with third-degree rape and third-degree criminal sexual act, according to the New York Daily News.
Hubsher, who has lost his medical license, was found guilty and sentenced to three years in prison.
Before the jury reached that verdict, however, Hubsher allegedly went to extreme lengths in order to try to convince them to find him not guilty.
The former psychiatrist and father of two from Long Island was caught on surveillance video entering Nassau County Supreme Court in a disguise of a leather jacket and baseball cap on March 21 while he was on trial for the rape, Nassau County DA’s Office said Thursday. The video footage shows that he was carrying newspapers and no longer using a walker that he used during the trial.
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Prosecutors say the former psychiatrist entered private jury rooms in the disguise and taped signs on doors and tables that had information about reasonable doubt. The fliers gave examples of reasonable doubt, such as if a witness “had a motive or reason to lie, ie; financial gain” or may have been “mistaken in memory… due to mental illness or disorder.”
Video footage shows that the former psychiatrist then left the Mineola courthouse with the newspapers and returned a little while later dressed in a suit and using a walker, prosecutors said.
Hubsher pleaded not guilty Thursday to to the latest indictment, which charged him with 13 counts of attempted juror tampering and burglary. Bail was set at $49,000, though he is already in prison because of the rape conviction.
“The integrity of the jury process is at the heart of our justice system and we will not tolerate anyone trying to tamper with or threaten jurors in Nassau County,” said District Attorney Madeline Singas.
A lawyer for Hubsher in the jury tampering case could not be reached for comment.
This is not the first — or second — time the former psychiatrist has been charged with crimes. Hubsher was also previously arrested for illegally selling prescriptions for drugs like Xanax and Adderall, according to News 12.
In addition, CBS New York reports that the former psychiatrist has a history of fraud and deceit that dates back 30 years, and he previously had his license suspended. Hubsher’s license was suspended for more than 10 years before the state allowed him to practice again in 2006 after concluding that he had “almost no chance” of further misconduct, state records show.
He faces up to seven years in prison if convicted on the jury tampering and burglary charges.
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