Mail Tribune News - Physical therapist cleared of charges

Mail Tribune (Medford, OR — Wayback)

2000-09-14

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Physical therapist cleared of charges Jury verdict takes less than an hour By DAVID PRESZLER A physical therapist was found innocent Thursday of charges that he sexually abused a female patient under the guise of an intrusive and rare -- but recognized -- medical procedure. Moshe Steven Michael Ross, 52, of Ashland, was acquitted on two counts each of second- and third-degree sex abuse in Jackson County court. "He's very, very, very relieved," said Ron Cue, Ross' attorney, following the verdict. Ross declined to comment directly because his conduct is still being reviewed by the state's Physical Therapist Licensing Board. No date for a hearing before that board has been set. He remains on administrative leave from his position with Asante Health Systems. The charges stemmed from Ross' treatment of a 36-year-old patient in October. The woman was injured in a fall in September and was referred by her doctor to the Rogue Valley Medical Center physical therapy clinic where Ross works. As part of her therapy, Ross performed a tailbone mobilization procedure that required him to insert a single finger into the woman's anus. She testified during the three-day trial that during two treatments he penetrated her vagina instead. The woman showed little reaction as the verdict was read and left the courthouse immediately after court was adjourned. After two days of testimony -- including an hour and a half of closing arguments Thursday morning -- the jury reached its verdict swiftly. Just under an hour after beginning deliberations, the jury was back in the courtroom to deliver their decision. "It's hard to say what they found to be important," Karen Loomis, the assistant district attorney who prosecuted the case, said of the jurors. "It was definitely an unusual case." The case was unusual because of both the medical setting and the intimate nature of the procedure. Witnesses testified that only three therapists at Rogue Valley Medical Center use the technique. Two other longtime physical therapists who testified said they'd never used it. Ross testified that he had used the procedure once before, on another female patient. He said that he performed it twice on the woman, once on Oct. 9 and once on Oct. 21. It was specifically listed in his treatment notes for Oct. 21 and he contended that the procedure was part of "joint mobilization" that he noted Oct. 9. She testified that it occurred three times, and that he actually penetrated her vagina instead of her anus on Oct. 16 and Oct. 21. Ross' notes showed no reference to either joint mobilization or the specific procedure on Oct. 16 and he testified that it was not performed on that date. All five of the treatments she received from Ross occurred behind closed doors with no one else in the room, according to both his and her testimony. Other therapists testified that treatments often occur one-on-one with the door closed, to protect patient privacy. Ross first became aware of the complaint the day after the woman's Oct. 21 treatment, when her husband confronted him. The woman and her husband did not report the incident to police until a month later, sparking an investigation that led to his arrest in January. Mail Tribune Copyright �  The Mail Tribune 1999, Medford, Oregon USA