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 Inner City Press @innercitypress [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.
On January 9, 2023, the first day of the trial, a witness testified that Hadden, with a beard, licked her three or four times.
The Assistant US Attorney asked her if she said anything to Hadden?
She: No.
AUSA: Why not?
Hadden's lawyer: Objection!
Judge Berman: Overruled.
She: I was shocked.
It emerged she got divorced - again, objected to be Hadden -- and thereafter used only female OB/GYNs.
Represented by lawyer DiPietro, she has a money judgment coming. She has not yet received it, but the verdict in this case will not impact it, she said.
The only question on cross examination was whether she continued to live in New York.
Later on January 9, the US Attorney's Office wrote to Judge Berman, "in a surprising turns of events today, after much defense briefing about how the defendant's state guilty plea was allegedly coerced, the defendant has conceded that he pled guilty because he is in fact guilty of sexual assaulting and abusing not just two but many patients (Trial Tr. at 42).
But still the trial went on...
On the evening of January 23, after the closing arguments, Hadden's Federal Defenders requested a curative instruction about the Assistant US Attorney telling the jury Hadden's state guilty plea had not covered four victims in this Federal case. The Office shot back that the "coverage provision" of the state plea was only about state immunity, it was not a guilty plea as to those identified as Emily Anderson, Sara Stein, Melissa Taylor or Kate Evans. Watch this site.
Back on July 14, 2021 Judge Berman docketed a letter the US had filed, with a full paragraph redacted, that it will seek a superseding indictment on another count of enticement, regarding an adult Victim-6. Letter on Inner City Press' DocumentCloud here.
On August 2, 2021 Hadden's publicly funded (for now) counsel filed a series of motions, with redactions, citing Evelyn Yang and request dismissal of the case. It mentioned Evelyn Yang's interview then redacts a two line sentence. Then, "Andrew Yang public a statement, this media attention led to outrage regarding the 'lenient' sentence Mr. Hadden had received in the DANY Prosecution." Yes.
On December 15, 2021, Judge Berman held a proceeding and Inner City Press live tweeted it here (podcast here)
Jump cut forward a year to December 14, 2022, the pre-trial conference before the January 4, 2023 (one day?) jury selection - Inner City Press was in the courtroom, threadette:
Hadden's lawyer says they commit that in front of the jury they will not question the motives of the prosecution.
Hadden plans to call a Dr Berg as his OB-GYN expert. Jury will not get the "speaking" portion of the indictment.
Asst US Attorney: We may want some victim to testify not under their full names [like in US v Ghislaine Maxwell trial a year ago]
On December 22, Judge Berman held another conference and ruled: "1- defense motion to preclude generalized expert testimony of Dr. Eddleman is denied; 2- defense motion to preclude testimony and evidence re: fibroid procedure Victim-1 is denied in part and granted in part; 3- defense motion to strike all surplusage from S2 Indictment is denied as moot; 4- defense motion to preclude impact evidence/testimony is denied; 5- defense motion to preclude introduction of prior consistent statements is denied; 6- defense motion to preclude the 911 call from 3rd party is denied; 7- defense motion to preclude patient witnesses from being referred to as victims, minor victims or survivors is denied in part and granted in part; The Court will schedule a conference for next week to address other outstanding motions."
On December 29, 2022 Judge Berman held a final final pre-trial conference, Inner City Press live tweeted here:
On January 1, 2023, the US filed: "The Government respectfully submits this letter seeking permission to file supplemental motions regarding the defendant’s proposed exhibits and witnesses, which the Government received from the defense on December 21, 2022, after the parties’ motions in limine had been submitted to the Court. The Government has conferred with the defense about its proposed witnesses and exhibits in an attempt to obviate or narrow any motion, and the defense has indicated it opposes the Government’s position on each of the motions the Government intends to file. The Government would like to advise the Court of its challenges to the defendant’s exhibits and witnesses in advance of the parties’ opening statements, so that jury addresses may proceed in an orderly fashion. By way of background, the defendant’s proposed exhibits include highly graphic videos and photographs of a non-testifying doctor performing vaginal, anal, and breast exams on an actual person, in addition to other unduly prejudicial, confusing, misleading, and irrelevant exhibits." Full letter on Patreon here.
On January 3, 2023, Hadden's Federal Defender filed seeking to exclude government expert witness Dr. Lisa Rocchio. In the docket, concerning Dr. Rocchio as witness, is Judge Lewis A. Kaplan's October 4, 2022 order permitting much of her testimony in the Rapp v. Spacey trial he presided over (and that Inner City Press covered, and published a booklet about).
Inner City Press will be similarly covering this Hadden trial. Watch this site.
Back on June 13, 2022, when Hadden was arraigned on a superseding indictment, in preparation of the September 12, 2022 trial. Inner City Press live tweeted it here
The case is US v. Hadden, 20-cr-468 (Berman).
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
