75 Year Old Dr. Charged with Simple Assault

**medicaldoc** · 01-27-2010, 06:54 AM

My question involves criminal law for the state of: PA

Just prior to Christmas, I rec'd a summons regarding a complaint of simple assault, disorderly conduct and harassment. I a 75 yrs old semi-retired physician. There were no witnesses...the claimant called police after the incident took place.
"incident": At a local post office I was waiting for a driver to back out of her space, inadvertently, I suppose I was blocking her path, she rolled down the window and yelled something at me. Through fustration, I spit at her window and call her an "unfriendly phrase". I drove away....
She called local police and claimed I physically assaulted her...held her neck and slapped her on numerous occasions.
I NEVER TOUCH HER....
In court yesterday my attorney tried to plead this insanity to disorderly conduct. He failed and the judge has continued this to the next level. The woman now claims there are medical bills and issues, chipped teeth from the supposed slapping and so on.
I looked her up on the internet and found numerous court cases as a plaintiff and once as a defendant (judgement of 7K +). Do I seek new representation, keep the existing? I now want to counter-sue for defamation of character. What are my rights and next steps.
Thank you!

**BOR** · 01-27-2010, 06:58 AM

You would think the PO would have video camera's taping the parking lot? Anyone think to try to see if one existed?

How soon after the alleged assault did she report it, as evidence on scene is more powerful than off scene.

**medicaldoc** · 01-27-2010, 07:08 AM

Went to the local PO, no cameras. Even went to the fast food place next door, no cameras.
Incident took place 12/9, recorded in court 12/22, rec'd in mail 12/28. Police said she was too shaken to report in a timely order?

**BOR** · 01-27-2010, 07:14 AM

If it is a classic he said/she said, then your attorney needs to find any defenses that can be proffered.

You say you have past cases she was involved with as Plaintiff? A history of litigation may or may not be a factor on her credibility as a witness and thruthfullness. Discuss this with your attorney.

**medicaldoc** · 01-27-2010, 07:19 AM

I have all the cases she was involved in. Even a case of legal malpractice, yes she sued a lawyer. Maybe someone else has some input. Thank you for your reply.

**Mr. Knowitall** · 01-27-2010, 02:10 PM

Has your lawyer been able to obtain any medical and dental records that might substantiate the claimed injury? It would be interesting to learn when she first sought treatment, how she told her treaters that the injuries occurred, and whether old dental exams or x-rays show the supposedly new chipping.

Has your lawyer checked to see if she has a criminal history? My first thought upon reading your story was that somebody who would make a false report of that nature likely has both a criminal history and a history of filing lawsuits. I suggest actually reviewing the files from her lawsuits (and checking to see if she's filing similar lawsuits in other counties or from prior addresses) - you may be lucky and find that she's previously sued people over the very same chipped teeth, or for other 'assaults' where happily for her there were no witnesses.

**medicaldoc** · 01-27-2010, 07:00 PM

Past lawsuits have included, dog bite(from next door neighbor), insurance companies, legal malpractice. She has been sued by credit firms and hospitals. No assault cases found, at least by me searching online.
The chipped teeth...tbd.
Thanks for the reply!