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Saratoga doctor cleared of sex charges made by prisoners
Two-week trial ends with short deliberation, acquittal
Civil suit still pending
By Oakley Brooks
Saratoga physician Robert A. Bowman shed tears of joy with friends and family last week in a Madera County courtroom after a jury cleared him of three counts of sexual molestation brought by former patients from a Central Valley prison.
The decision ended two weeks of emotional and graphic testimony from prisoners, prison staff and Bowman himself relating to charges that Bowman, 66, had exposed himself to, unlawfully penetrated, and battered prisoner Lisa Williams during a treatment session at the Valley State Prison for Women during March 2000.
He was also charged with abusing former prisoner Shanna Chase during treatment at the same facility, located in Chowchilla, in 2000.
The case appeared to turn for the defense Nov. 7, when Madera County Superior Court Judge Edward Moffat dismissed the felony unlawful penetration charge and one misdemeanor sexual battery count on grounds of insufficient evidence. Moffat's decision came despite the protests of Deputy District Attorney Gina Barsotti.
"It had some effect on the case," Barsotti said about Moffat's ruling, following the jury's final verdict.
Barsotti said her case was at a disadvantage from the beginning as she tried to prove a prisoner's word against a doctor's.
Barsotti's prosecution centered around testimony from Williams and Chase that Bowman had intimidated them during the alleged abuses, one reason that neither prisoner came forward with a complaint against Bowman until July 2000.
Prison nurse Connie Parson, a prosecution witness, also testified that Bowman had asked her to leave the examining room before the alleged incidents with both victims. Other prison staff said that clothing had been collected that corroborated the sexual act alleged by Williams.
Defense attorneys Robert Wilkinson and Lisa Martin countered by questioning Williams' credibility, bringing up her combative history with other inmates and inconsistencies in her allegations about Bowman.
The defense then put Bowman on the stand, where he denied Parson's claim that he had asked her to leave the examining room before the alleged incidents.
Bowman and several other prisoners also described Williams as overly aggressive on the day before the alleged abuses, when Bowman could not treat her. Inmates said Williams and Chase, who both said they had a romantic relationship with each other while they were at the Chowchilla women's facility, were using the abuse claims to get back at Bowman for not treating them that first day.
Both prosecution and defense witnesses also testified on the accuracy of Williams' description of Bowman's genitalia, which she claimed to have seen during the alleged unlawful penetration.
When the defense rested Nov. 13, the jury took less than one hour to deliberate before coming back with Bowman's acquittal.
That led to an outpouring of emotion on Bowman's side of the aisle, where nearly 30 supporters had gathered throughout the trial to back the 30-year Saratoga resident.
A civil case filed by Williams against Bowman is still pending, said Wilkinson, who added that Bowman should now have his full medical privileges restored.
Following the filing of charges in July 2000, Bowman was put on paid administrative leave from the California Department of Corrections, where he had worked as a prison doctor since 1995.
In October 2000, he was also put on a leave of absence by the Santa Clara County Department of Corrections, for which he supplied medical care to prisoners through the Santa Clara Valley Medical Center's Adult Custody Health Services.
Bowman also has conditions attached to his California medical license controlling his treatment of women stemming from allegations by Williams and Chase.
"Regardless of whether they are bad apples or repentant, people in prison need medical care," Wilkinson said. "The community ought to be thankful that there are people like Dr. Bowman who are willing to take on the task."
With the pending civil suit, however, Bowman still has another legal hurdle to cross.
Michael Bien, a San Francisco attorney who is handling the civil suit for Williams, said a less demanding burden of proof in the civil court might allow Williams' word to stand against Bowman's.
"It's always a case of he said, she said," Bien said
He added that several other prisoners besides Chase and Williams would come forward to support the case against Bowman in civil court.
In addition to Bowman, Williams has sued several present and former state corrections officials for allowing the alleged sexual abuse to happen within the prison system they administered.
Wilkinson said an initial meeting between lawyers about the schedule for the civil case was set for mid-December.
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Saratoga, California Since 1955
