Saturday, July 1, 2023

On Abusing OB/GYN Hadden Victims Speak Asking Maximum Sentence, More on July 24


By Matthew Russell Lee, Patreon Video Photo

SDNY COURTHOUSE, June 28 – 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:

OK - now at sentencing of Dirty Doc Hadden of Columbia, victim testifying by first name: Adina.

Adina a/k/a Victim-9: I'm here because I need you to fully understand what Hadden did to me. Errant behavior must have consequences. Hadden's signature move is sympathy. The fancy word for this is covert narcissism.

 Adina: He convinced me I was allergic to latex, so he could use ungloved fingers. I checked out. Later I learned this is called disassociation. Being present is almost impossible for me. I experience life cerebrally so it is no wonder my head is always hurting

Adina: My body wasn't betraying me, it was warning me.  Life feels like I'm being waterboarded.  I'm the PTSD version of a mother. Hadden wanted to dominate and harm women. There is so much shame in being a victim, over five years and four children.

 Adina: Doctor - patient betrayal shatters trust in everyone. The shame is so heavy- but it's not mine alone to carry. It belongs to that man over there [Hadden]. It belongs to Vance's office for botching the case, & his lawyer, playing games on her phone, I saw it

Adina: Hadden plays the long game. He got a plea deal in 2016. They ignored that a predator will always find prey. Judge Berman, please do not let his victim act deceive you. Don't let him off the hook again. Give him the maximum sentence.

Adina: Being heard is wonderful but it is not enough. Columbia University let him keep him job. Judge Berman, please end this madness. Thank you.

Next is Robyn Bass Lavender: "He delivered my first child. I had 50 appointments, all involving grooming and abuse

 Lavender: I want to thank those who spoke out, including Evelyn Yang. Robert Hadden had caused me to forever mistrust my judgment. He cannot be rehabilitated. He has not shown any remorse. He has impacted 100s, likely 1000s, all harmed

 Next witness: I married in my mid-30s, so this would likely be my last child. I sit in our 6th floor apartment on 181st Street with a beautiful view and try to write the complaint about the "exam." Still in British drama it is called a girl being "interfered with"

 After Judge Berman took a break, there is one more victim, testifying by number: "I'm speaking now, sorry I'm crying, I've held it all in for so long... It's taken me a while to process, after the bail hearing. I have felt so alone, so betrayed, so scared...

 Last witness: I was a star, then I was pretty much nothing. Then I heard all of you and I started rebuilding myself.  You, Judge Berman, said, What about the victim? It regained trust, love, justice. I had hope. I have not been able to hold a job

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

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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