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Federal prosecutors argue withheld evidence won’t change LI urologist Darius Paduch’s guilty verdict
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Federal prosecutors argue withheld evidence won’t change LI urologist Darius Paduch’s guilty verdict

Manhattan federal prosecutors have pushed back on their second attempt to vacate the conviction of convicted sex offender doctor Darius Paduch, arguing that any evidence withheld from him at trial would not lead to his acquittal.

A jury found Paduch, 57, a former Great Neck and Lake Success urologist with Northwell Health, guilty May 9 of six counts of soliciting travel to engage in unlawful sexual activity and five counts of soliciting a minor to engage in sex. .

Paduch, who specialized in treating a genetic fertility disorder called Klinefelter syndrome, encouraged and assisted patients, some of whom were underage, to masturbate in front of him for no medical purpose, according to trial testimony. Prosecutors presented evidence from six victims, but hundreds of civil lawsuits alleging similar sexual abuse were filed against Paduch, Northwell and Weill Cornell Medicine.

Defense attorney Michael Baldassare attempted to overturn his client’s conviction twice. Judge Ronnie Abrams rejected the motion in August, claiming prosecutors had filed the wrong charges.

As the Nov. 20 sentencing date approached, Baldassare attempted once again last week to overturn the jury’s verdict.

This time, the lawyer said his client was “robbed” of a fair hearing because the Metropolitan Detention Center, the troubled federal prison where the former doctor is housed, failed to turn over a hard drive full of evidence before the hearing.

“Dr. Paduch was denied the opportunity to participate in his own defense in this matter,” Baldassare wrote. According to all parties, the hard drive contained emails, messages and medical records from the victims and their parents, who would testify at trial.

The prison known as MDC, which houses Sean “Diddy” Combs and Samuel Bankman-Fried, has become the focus of the Justice Department’s Office of Inspector General, which has filed scathing reports about violence and maintenance problems at the facility.

On Monday, federal investigators raided the prison as part of an effort “designed to achieve our shared goal of providing a safe environment for both our employees and the inmates held at MDC Brooklyn,” according to Federal Bureau of Investigation spokeswoman Randilee Giamusso. Prisons.

Baldassare said the jail breakdown prevented his client from reviewing the information before it was presented to trial by prosecutors. If that were the case, the lawyer suggested, the disgraced urologist could have taken the stand in his defense.

“Dr. Paduch’s testimony – had he been able to provide a thorough evaluation of the information on the Secret Hard Drive – would likely have resulted in an acquittal,” Baldassare wrote in his motion.

Federal prosecutor Jun Xiang did not deny that the hard drive was not handed over, but said Paduch’s lawyers did not dispute that fact at the time and were aware of all the evidence before the trial began.

“The defendant cannot show how MDC’s alleged failure to provide him with the materials caused him any harm, or even the possibility of acquittal,” Xiang said in his brief. he said. In fact, he said the evidence wouldn’t do him any good.

“Simply put, the materials were damning evidence in a trial where the government’s case was very serious,” the prosecutor said.

Paduch was a resident of North Bergen, New Jersey.