By Matthew Russell Lee, Patreon Video Photo
SDNY COURTHOUSE, July 25 – 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 June 28, Judge Berman held the first of two days of victim testimony for sentencing. Inner City Press live tweeted, thread here:
Judge Berman: Thank you. I appreciate the sincerity, candor, the difficult if not painful statements from each of the brave women today. The sentencing will resume on July 24 at 9:30 am, the second phase. Inner City Press will cover that as well.
More on Substack here
On July 12, Hadden's Federal Defender wrote to Judge Berman seeking to exclude a victim letter which "describes an anal exam, whether the patient had a tilted uterus and discussion of sexual positions."
On July 19, the US Attorney's Office wrote to Judge Berman, opposing any further delay of the second day of sentencing and attaching a Federal Defenders email from earlier in the day, saying it meant FD was conferring with Judge Berman's Judicial Assistant "conveying if the Court grants the defendant's request for a Fatico hearing, the defendant plans to seek another sentencing adjournment."
On July 24, what was to be the second and last day of sentencing began - and Inner City Press live tweeted it, thread:
OK - now at US v. Dirty Doctor Hadden sentencing, Judge Berman recounting sex abuse testimony from the trial, which Inner City Press covered - and will now live tweet this 2d day of sentencing,
Judge Berman: I'll tell you at the outset that I believe that the maximum statutory term for each count, 20 years each, I believe that is appropriate in this case. But we have to get to it through this analysis. The maximum is appropriate...
Assistant US Attorney: For the record, the defendant and his counsel have had an opportunity to review the pre-sentencing review and they rest on their written submissions. Note: Hadden is in MDC beige prison garb, with two US Marshals behind him.
Judge Berman: I must say again, I believe that a twenty year sentence is appropriate, to be followed by a lifetime of supervised release - the goal of which is reintegration into society.
Judge Berman: The Court has complied - happily I might add - with its responsibility to victims, devoting the first day of this sentencing to hearing from them.
Judge Berman: Hadden's sister was born with fetal alcohol syndrome; he says he "played doctor" with her... He says he's found solace in writing poetry and in his Catholic faith.
Judge Berman: The Court, which is me, is skeptical that Hadden's mental issues have been resolved. I find simplistic the report of Doctor Bardey
Judge Berman: It's 12:20 now, why don't we take a break until 1 pm? [The defense has yet to make its objections] Thread continues. Judge Berman is back early, and at 12:50 pm cites as precedent the 20 year sentence for #RKelly, and Larry Nassar, 40+ years, he says
Judge Berman: The federal Bureau of Prisons has nine facilities for sex offenders.
Federal Defense: We continue to request a Fatico hearing. Judge Berman: You've made 82 objections. But you can make more.
Federal Defender: I object on reliability and due process grounds. Judge Berman: The trial record requires the 20 years. Federal Defender: You found 40 victims - but 31 of them after based on two witnesses at trial. We've asked for a hearing on that.
Federal Defender: We object to that being considered abuse. Whether he rubbed two or three times, or only once... We think that's reserved for experts. We can only four victims can be considered here, and that is not a large number. #RKelly was about minors..
Federal Defender: Maybe it would have been better if Mr. Hadden had known of people like Dr Bardey --
Judge Berman: Oh come on, you believe that? I can't parse someone's life into this year, this period - it's all one person. Federal Defense: We don't think his conduct was deceptive. You claim -- Judge Berman: You're saying that I "claim"? Federal Defender: OK, it is your opinion.
Federal Defender: He has suffered, having his photo up with the word Predatory on TV every day. He has lost everything and you are imposing what is effectively a life sentence despite there being no conduct for 11 years. He has a disabled son
Judge Berman: You're being silly. To suggest I'm treating this case differently. You're smart, sure. But you're not being persuasive. Federal Defender: I'm sure to hear that. It's based on my many years in this Court. A Bloods member said someone should stab him
Federal Defender: I would again bring up the case of Akpanta
The US never said he was dangerous, not risk of flight. How did a conviction change him?
Federal Defender: We object to the conditions of no conduct with minors, and to a restriction to access to adult pornography. He has right to that. Judge Berman: Is that it? Federal Defender: We'd like Otisville.
Assistant US Attorney: The government is asking for at least 25 years....
Update: the Hadden sentencing will re-convene tomorrow at 11 am (!).
On July 25, the last day of Hadden's sentencing, Inner City Press was there, thread:
Assistant US Attorney: Defendant has not been rehabilitated. At least 25 years are necessary and appropriate.
Federal Defender: We contest whether the conclusion it was abuse was 1 the Court should rely on. We filed something under seal, something Columbia cleared
Federal Defender: We are saying the witness' testimony was based on her own history of abuse. So we ask the Court to not consider those incidents. Judge: My position is in yesterday's transcript. I found it credible, the testimony. The defense could have crossed
Judge Berman: I endorsed AUSA Kim's letter and said the sentencing would not be postponed. That was about yesterday. You can show the letter to the jury - I mean, the media [in the jury box
Judge Berman: So let me say, I intend to sentence this defendant to 20 years. [Yesterday he said he "proposed" twenty years - we're getting closer to finality - although Federal Defenders seems sure to appeal the upward variance, perhaps why this has taken so long
Federal Defender: There is no reason for drug testing. Judge Berman: I did put it in and I do put it in in many of the sentences that I do irrespective of, or acknowledging that the Probation Department may not have included it, there is some history in his family
Federal Defender: I believe this sentence violates the Sixth and Fifth Amendments.
Judge Berman: Mr. Hadden, anything? No? Government?
AUSA: What about the collection of DNA? & SORNA?
Judge Berman: OK - now I'll impose sentence: it's twenty years, 240 months Judge Berman: This is a 177 month upward variance given the serious & the need for punishment and deterrence. Any legal reasons I can't?
Federal Defender: For the reasons I have previously- Judge: I appreciate that.
FD: We want Otisville or Devens.
Adjourned
And afterward, this video.
Watch this site.
Back 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)."
On June 13, Hadden's Federal Defender sumitted a heavily redacted memo, with withheld exhibits, asking for a 36 month sentence and calling the victims "not 'vulnerable' within the meaning of the enhancement."
On June 20, the US Attorney's Office filed its memo, in advance of June 28, asking for 25 years - at least.
On June 26, Judge Berman docketed his notice of possible upward variance. On June 27 he added: "ORDER as to Robert Hadden. With respect to Defense counsel's letter dated June 23, 2023, and the Government's submission dated June 20, 2023 (seeking an upward variance of 25 years of incarceration), the Court will be focusing upon the case record and written submissions and oral presentations to determine whether an upward variance based upon 18 U.S.C. §3553(a) is appropriate. While the Court has not yet determined what the sentence will be, it is less likely (at this time) that an upward departure will be pursued. (Signed by Judge Richard M. Berman on 6/27/2023)."
Later on June 27 the US submitted a partial redacted list of first day witnesses, some with pseudonyms: 1) Emily Anderson (pseudonym), 2) Kate Evans (pseudonym), 3 & 4 redacted, 5) Laurie Kanyok, 6 and 7 redacted, 8) Adina [redacted], 9) Robyn Bass Lavender, 10 redacted and 11) Jessica Sell Chambers.
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.
The case is US v. Hadden, 20-cr-468 (Berman)
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