New evidence has surfaced in the Dr. Calvin Day case which appears to directly disprove the allegations against him, making it likely that Dr. Day will gain personal vindication in court. The case, which at times has appeared more like a personal crusade against the San Antonio-based doctor, has created an immeasurable amount of personal suffering, that included the death of his oldest son, Zac.
In a recent letter to the Texas Medical Board, posted on http://www.drcalvindayisinnocent.com, one of Dr. Day’s attorneys, Ann Comerio, brings new evidence to light that demonstrates glaring inaccuracies and missteps that were taken by the prosecution during the investigation. Comerio’s letter notes: before Dr. Day was arrested, he was brought to a hospital so that pictures could be taken of his penis, resulting in a San Antonio Police detective filing a false affidavit against him.
Here's why: the original complainant told police that Dr. Day’s penis was 6 to 8 inches in the middle, not counting the base or the tip, inferring that it was 9 to 11 inches overall, when erect, adding that he had a penile implant, but the nurse who examined Dr. Day determined that there was no implant. Furthermore, the pictures taken by police were of Dr. Day’s flaccid penis, and the sketch that the complainant drew was that of an erect one, so while the affidavit filed by the detective in order to arrest Dr. Day was on the grounds that his penis matched the sketch, in actuality it did not.
Still, despite the fact that the affidavit used to arrest Dr. Day was false, the Bexar County District Attorney's office went ahead with the case, completely ignoring the false grounds on which the well-respected dermatologist was arrested, especially considering that this is a he-said-she-said case with no witnesses,no DNA evidence, and wherein Dr. Day voluntarily took and passed a polygraph. This begs the question: Why would the DA's office pursue a case that's predicated on a false affidavit, instead of investigating perjury charges against the original accuser and the detective?
Perhaps the most jarring aspect of Dr. Day’s case is the sensationalized media surrounding it. After his initial arrest on Jan 27, 2011, local news media aired approximately 19 television clips that were seen by an estimated 900,000 viewers.The San Antonio Express News alleged that Dr. Day lost his M.D. and medical license, even though Dr. Day never lost either his M.D. or his Texas Medical license. His license is active, but "temporarily suspended" pending the outcome of his legal case, meaning Dr. Day has been unable to practice for three years.
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In the letter, Comerio claims the mass hysteria atmosphere created by the media frenzy combined with over 200,000 'at risk' encounters that were unique to Dr. Day's practice to artificially manufacture' a number of non-criminal and unsubstantiated complaints. The DA's office then attempted to use the number of complaints per se as evidence of guilt despite the fact that each of them were unsubstantiated and subsequently disproven.
“The media repeatedly claimed there were 13 other complaints, but the truth is in almost every instance, they alleged less serious non-criminal events, and none had any substantiating evidence to support their [case],” said Dr. Calvin Day. "And none of them came forward when the event was supposed to have happened. Instead, they came forward as a group years later, within a few days of the manufactured media frenzy following my arrest. Instead of looking at the number of complaints, you have to look at each individual complaint and the lack of evidence that is associated with each individual complaint. All of my relationships with women have been consensual, none of them have been with active patients; I deny ever forcing myself on any woman by any means. Indeed, I abhor men who do or who have done such things,”
Comerio's letter explains how Dr. Calvin Day and his family were a clear victim of the mob mentality that swelled when the story went viral. The witch hunt against Dr. Day has affected him professionally and personally, with some truly tragic consequences. As a result of the media reaction and stress of the case, Dr. Day son, Zac, died.
“The truth is, the press has the ability to sway the minds of the public and there is great danger when individuals stop thinking as individuals and start thinking as a group,” said Dr. Day. “There are so many examples over time of this group thinking, or mob behavior, causing mass hysteria. I’ve been victimized as a result of the mob thinking and media reports that never gave me an opportunity to reveal the truth. The media repeatedly focused on comments and opinions from the prosecution side. I was never given the opportunity to rebut the misinformation with the truth..”
With a fresh trial set to start January 22, 2015, the proceedings should reveal the many inaccuracies that observers have noticed throughout the entire ordeal, and shed light on how Dr. Calvin Day was publicly demonized before the case even went to court.