The trial against

a local doctor accused of committing sexual battery against a patient

last year ground to a halt Wednesday morning.

Attorneys for

both sides agreed with a decision by State Court Judge Fletcher Sams to

declared a mistrial in the case against Dr. Orlando Cano, who is accused

of one misdemeanor count each of sexual battery and reckless conduct.

The mistrial

came after attorneys clashed over the questioning of a witness the state

presented who claimed she too was inappropriately touched by Cano. Defense

attorney Lynne Borsuk questioned the witness about her medical history

when State Court Solicitor Steve Harris objected, saying the woman's medical

records can not be made public until a separate hearing on the matter,

according to Georgia law.

With a total

of 10 such witnesses scheduled to testify for the state, officials agreed

it would cause a lengthy delay for the trial, especially since each witness

would be allowed to have an attorney present to represent their interests.

The court must

also review the documents to determine if they should be admitted to the

trial, Sams noted.

"The problem

here is the defense has made all those decisions on its own without court

approval of access to those medical files," Sams said.

Sams said he

wanted to make sure the witnesses' rights were protected in addition to

those of Dr. Cano.

"I am

doing my very best to protect Dr. Cano's rights, but these patients have

rights, too," sams said. "These aren't the st ate's

records or Dr. Cano's records. These are the patients' records."

A hearing on

the matter should have been scheduled before the trial, Sams said. Harris

said he was unaware the defense would ask questions about the witnesses'

medical records.

Borsuk argued

that the medical information was necessary to present information on what

precautions Dr. Cano took during medical examinations.

The victim,

Cindy Head, testified Monday that Dr. Cano did not wear medical gloves

or use a light while he was conducting the physical exam. A local gynecologist

later testified that the gloves are necessary to protect the patient and

physician and the light is necessary to be able to see the location to

collect a sample for a pap smear test.

Cano also faces

a separate trial on four misdemeanor counts of sexual battery for improperly

touching several employees; Harris said that trial might take place before

this one is re-tried.

Harris and

Borsuk indicated they were both upset by the development that halted the

trial.

"I am

so upset and frustrated," Harris said.

Borsuk, who

earlier characterized the criminal charges against Cano as "one disgruntled

patient and her complaint snowballing out of control," said Cano

vigorously maintains his innocence in the case.

Back

to News Home Page |