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Failure to disclose evidence would not have changed LI urologist Darius Paduch’s guilty verdict, federal prosecutors say.
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Failure to disclose evidence would not have changed LI urologist Darius Paduch’s guilty verdict, federal prosecutors say.

Federal prosecutors in Manhattan have rebuffed convicted sex offender Darius Paduch’s second attempt to overturn his conviction, arguing that any evidence withheld at his trial would not have led to his acquittal.

A jury convicted Paduch, 57, a former Northwell Health Great Neck and Lake Success urologist, on May 9 of six counts of inciting travel to engage in illegal sexual activity and five counts of of inciting a minor to have sexual relations.

Paduch, who specialized in treating a genetic fertility disorder called Klinefelter syndrome, encouraged and helped patients, some minors, to masturbate in front of him without medical purposes, according to trial testimony. Prosecutors presented evidence from six victims, but hundreds of civil lawsuits were filed against Paduch, Northwell and Weill Cornell Medicine alleging similar sexual abuse.

Defense attorney Michael Baldassare twice tried to overturn his client’s conviction. Judge Ronnie Abrams rejected an offer in August, saying prosecutors had charged the wrong crimes.

As the Nov. 20 sentencing date approached, Baldassare tried again last week to overturn the jury’s verdict.

This time, the lawyer said his client was “deprived” of a fair trial because the Metropolitan Detention Center, the troubled federal prison that currently holds the former doctor, failed to serve him a hard drive full of evidence before trial.

“Dr. Paduch was not given the opportunity to participate in his own defense in this matter,” Baldassare wrote. The hard drive contained emails, text messages and medical records from the victims and their parents who would testify at trial, according to all parties.

The prison, known as MDC, which houses Sean “Diddy” Combs and Samuel Bankman-Fried, has been the target of the Justice Department’s Office of Inspector General, which filed scathing reports on violence and maintenance problems in the establishment.

On Monday, federal investigators raided the jail as part of an effort “designed to achieve our shared goal of maintaining a safe environment for both our employees and the incarcerated people housed at MDC Brooklyn,” according to Randilee Giamusso, door – spokesperson for the Bureau of Prisons.

Baldassare said the jail’s dysfunction prevented his client from reviewing the information before it was presented at trial by prosecutors. If he had, the lawyer argued, the disgraced urologist might have come to his defense.

“Dr. Paduch’s testimony – had he been able to make a full assessment of the information contained in the concealed hard drive – would likely have resulted in an acquittal,” Baldassare wrote in his motion.

Federal prosecutor Jun Xiang did not refute that the hard drive had not been returned, but said that Paduch’s lawyers did not protest this fact at the time and were aware of it. of all evidence before the trial begins.

“The defendant cannot demonstrate how the MDC’s alleged failure to provide him with the documents caused him harm, much less the likelihood of an acquittal,” Xiang said in his brief. In fact, the evidence wouldn’t have helped him at all, he said.

“Simply put, these documents constituted overwhelming evidence in a trial in which the government’s case was overwhelming,” the prosecutor said.

Paduch resided in North Bergen, New Jersey.