The defense team representing the Gilroy doctor charged with sexually assaulting his patients opened Wednesday with explicit testimony about his physical measurements and the height of the exam table, laying the groundwork for its argument that it would be impossible for the physician to sexually penetrate the women during pelvic exams.
Former patients of Dr. Raul Ixtlahuac have testified that they felt the
doctor 's clothes inappropriately
pressing up against their vaginal area and then sensed something
penetrating them that did
not feel like a speculum or fingers while they were lying on an exam
table with a hospital drape blocking their view.
But defense attorney Doron Weinberg has said, since the trial began
last week, that detailed measurements of Ixtlahuac,
taken by Kaiser physician Harley
Goldberg, will support the doctor 's
Wednesday capped a fifth day of graphic testimony in the Santa Clara
County trial of Ixtlahuac, 41, a family physician
who practiced at Kaiser 's Gilroy
facility until he was arrested on the
premises in May 2001. He is charged with four counts of sexual
penetration and two counts of sexual battery between
fall 2000 and spring 2001.
A Kaiser official testified Wednesday
that the facility conducted an investigation after the first
allegations surfaced in September
2000 and decided to allow Ixtlahuac to continue practicing.
If convicted of all felonies, Ixtlahuac faces 16 years in prison, said
Deputy District Attorney Chuck Gillingham.
On Wednesday, Weinberg began to chip away at the testimony of one of
the six women who said they were assaulted by the doctor
The woman had testified that during an examination in September 2000
with Ixtlahuac, she felt ''male parts'' penetrate
her. She said she didn't say anything at the time because she was in
Soon after, she called police.
But on Wednesday, a Kaiser nurse
testified that the woman was never alone with the doctor
during the examination. The nurse said she did not witness anything
inappropriate while she was in the room.
After court, Weinberg said he will present further evidence regarding
the measurements -- which included the length
of Ixtlahuac's erection -- that will show that what the women allege
couldn't have happened.
But Gillingham said: ''As long as there has been sex, men have found
ways to do the act. I think it's an absolutely
ludicrous argument that based on an inch or two, he couldn't pull this