An appeals court has ordered a new trial for a physician who was convicted of the sexual assault of a patient who was sedated based on findings of evidentiary errors at trial.
James Mauti’s convictions for third-degree aggravated criminal sexual contact and fourth-degree criminal sexual contact were reversed on findings that evidence about a semen-stained towel from the doctor’s home was wrongly admitted at trial and because the testimony of five people under the fresh-complaint doctrine provided more prejudicial effect than probative value. But the court also ruled, in a case of first impression, that a letter sent by defense counsel to the prosecutor before charges were filed did not constitute plea negotiations, making its admission at trial proper.
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