Testimony/cross-examination questioned in rape cases

Mark Hormuz Dean. Courtesy county police Mark Hormuz Dean. Courtesy county police

An Albemarle County physician facing 11 charges related to sexually assaulting 10 female patients was in court February 19 for a motions hearing.

Mark Hormuz Dean will be tried on multiple counts of rape, object sexual penetration, aggravated sexual battery, sexual battery, forcible sodomy, and abduction, all from his time as a doctor of osteopathic medicine at the Pantops-based Albemarle Pain Management Associates Clinic.

He’ll be tried separately for each victim’s accusations, with the first jury trial scheduled for April. At Dean’s most recent hearing, defense attorney Rhonda Quagliana expressed concern that her client won’t have a fair trial if the victim’s testimony at that trial alludes to other victims in the case.

The defense implied that the accuser will likely say she decided to come forward after hearing about Dean’s January 2018 indictment, and if she does, the jury will know there are multiple accusers, said Quagliana.

Prosecutor Darby Lowe said she didn’t intend to question the victim about any other cases, and Judge Humes Franklin said he will allow her to ask why the victim chose to speak out.

Quagliana also said she should have the right to cross-examine the victim, ask why she waited a year to file a police report, and inquire about her mental health history, prior complaints, and the civil suit she has also filed against Dean “to get money,” as the attorney put it.

The judge said he will limit the cross-examination on a case-by-case basis to ensure its relevance. Another motions hearing is scheduled for March 8.