Looking at a deadlocked jury, an Orange County Superior Court judge in Santa Ana declared a mistrial in the sexual battery case against Dr. David Hung Do on Thursday. Judge James Stotler set a Nov. 9 status hearing and tentative February trial date in the case that accuses the 42-year-old physician of having touched three petite female patients in a sexual way in Kaiser Permanente examination rooms in Anaheim.
During the trial, Deputy District Attorney Cynthia Nichols portrayed Dr. Do as a sexual predator, while defense attorney John Barnett blamed detectives for manufacturing a case after the first alleged victim filed a report with Anaheim Police to save face after her mother did not believe the physician did anything improper.
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Actually, two women, who did not know one another, complained about Do and his alleged roving hands to Kaiser and Anaheim Police, whose investigation produced claims from a third victim.
A previous Orange County District Attorney (OCDA) statement alleged that between July 2007 and June 2008, Do "abused his position of trust" by falsely using exams to touch three women, ages 21 to 31, under their clothing and on the breasts and vaginas. "The sexual touching was unnecessary and unrelated to the medical treatment needed by the women," the OCDA added.
Riverside resident Do, who has already lost his state medical license in May 2011, is facing three felony counts of sexual battery by fraud and the possibility of six years in state prison with a conviction.