A former Stow doctor convicted of sexually assaulting a patient is seeking a new trial.
James Bressi was convicted in August 2014 of a misdemeanor charge of sexual imposition and was sentenced to 59 days in jail. He appealed, and his sentence was stayed pending the outcome.
After the Ohio Supreme Court recently declined to hear his case, Bressi was scheduled to be sentenced in Summit County Common Pleas Court this week. Mike Callahan, his attorney, however, asked that the sentencing again be delayed while he argues the need for a new trial. Assistant Prosecutor Jonathan Baumoel said the sentence should be imposed while the question of a new trial is debated.
Visiting Judge Judy Hunter granted Callahan’s request Wednesday.
“I will not be imposing a sentence,” she said. “Whether or not that day comes remains to be seen.”
If Bressi is granted a new trial, Hunter said, it will be on the sole charge of which he was convicted.
Bressi, an osteopath from Hudson, was indicted in 2013 on 27 counts of rape, gross sexual imposition and misdemeanor sexual imposition involving 10 patents and a clinic nurse. He was accused of inappropriate contact during medical examinations at the former Summit Pain Specialists in Stow.
Bressi voluntarily and permanently surrendered his Ohio medical license.
During his trial, Bressi told jurors that his accusers must have mistaken two bottles he carried in his pocket — one filled with the sweetener stevia, another with a dietary supplement — as his genitals rubbing against them. He was convicted of a lone charge involving one patient.
Callahan argued during Wednesday’s hearing that Bressi’s sentencing should be delayed because, unless it is, he likely would have served his jail time before the issue of whether he should get a new trial is settled. He said his client has been at every court appearance.
“He’s not going anyplace,” Callahan said. “He’s not fleeing. If we don’t prevail, you can impose the same sentence.”
Baumoel, however, argued that the jail time is only part of Bressi’s sentence. He also was sentenced to five years of probation and deemed a Tier 1 sex offender, which means he would be required to register his address for 15 years. He said Bressi should start paying for his crime.
“In the interest of justice and for the sake of his victim, it’s time for Bressi to receive some of his sanctions,” he said.
Because of the sex offender registration part of his sentence, Hunter said it would be difficult to undo Bressi’s sentence if it was imposed and he was granted a new trial that resulted in a different outcome.
Callahan said in court documents filed this week that new evidence recently came to light that wasn’t available during Bressi’s original trial. He said this evidence involves three witnesses whose testimony calls into question the motives of Bressi’s victim.
The witnesses claim the victim, who was Bressi’s patient and also worked at the clinic, was “plotting revenge” against Bressi because he was upset with her for being rude to patients, according to court documents.
Hunter gave prosecutors until May 3 to file their response to Callahan’s request and Callahan until May 17 to submit his counter to the prosecution’s response. She said Judge Joy Malek Oldfield, who is handling the case, likely will schedule a hearing on the new trial question.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.