A Kaiser Permanente doctor charged with sexually assaulting patients during pelvic exams was found not guilty Wednesday, clearing a physician who was being retried after a jury deadlocked earlier this year.
Raul Ixtlahuac, 42, a family physician who practiced at Kaiser
Permanente's Gilroy facility until his
arrest in May 2001, was originally charged with four counts of sexual
penetration and two counts
of sexual battery that allegedly took place between the fall 2000 and
the spring of 2001.
In March, a jury acquitted Ixtlahuac on one count of sexual battery and
deadlocked on the five other charges.
''We're extremely relieved and gratified that the jury was able to look
at the facts of this case objectively and realize
that Dr. Ixtlahuac did nothing wrong,'' said defense attorney Doron
Weinberg. ''This has been a terrible ordeal for him and
his family, and we're just thrilled that he's vindicated.''
On Wednesday, it was unclear whether Ixtlahuac would return to work at Kaiser
, said Gary Dulberg, senior counsel for the Permanente Medical Group.
Since his arrest, he has been on paid leave.
''I think Dr. Ixtlahuac deserves a few hours to a few days to savor the
jury's verdict and to contemplate what he now
wants to do,'' Dulberg said. ''At that point we will sit down with him
and have a conversation about that.''
Shortly after his arrest, the Medical Board of California suspended
Ixtlahuac's license. The Medical Board is now conducting
an independent investigation to determine whether the doctor
violated the Medical Practice Act, said Candis Cohen, representative
for the board.
Deputy Assistant District Attorney Chuck Gillingham, who prosecuted
Ixtlahuac, said the outcome was ''a tremendous disappointment''
for the victims, who had to testify many times.
''It's almost too much to ask of anybody in a case like this,''
Gillingham said. ''They were very brave and they did
a good job of recounting what had occurred. But inevitably over time .
. . there's a level at which it becomes too much.''
The second trial began earlier this month and rehashed much of the same
evidence, presenting again a mock examination
room complete with an exam table with stirrups, medical equipment and a
Ixtlahuac's defense attorney had the physician demonstrate the
procedure for pelvic exams, arguing that given the doctor
's physical measurements and the dimensions of the exam table, he could
not have committed the sexual crimes.
Gillingham countered that those measurements could be affected by
things such as the heel height of Ixtlahuac's shoes
or whether he used a step-stool attached to the exam table.
Gillingham argued that a person's education and profession does not
have any bearing on his committing a crime, and
that rape is an exercise of power, which Ixtlahuac had over his
In his closing statement, Weinberg focused on the prosecution's lack of
proof beyond reasonable doubt. Although he believed
the women were not lying,the defense said they may have been agitated
during the exams because of medical or emotional conditions.
That caused them to become confused about what happened behind the
hospital drape blocking their view.
Weinberg emphasized that initially the women were not sure of what they
had experienced. But over time, bolstered by
police interviews and news accounts, the women became convinced that
they had been assaulted. Four of the original alleged
victims did not come forward until after they were contacted by police
or heard that Dr. Ixtlahuac had been arrested
''Really these complaints escalated from nothing
more than vague
feelings of some kind of discomfort to accusations
of sexual assault,'' Weinberg said. ''We saw that pattern emerge from
the first trial and were able to help the jury see that
was the pattern.''
Mercury News Staff Writer Elise Banducci contributed
to this report.