A judge ruled Monday that local dermatologist Dr. Calvin Day will get a new trial after a jury convicted him earlier this summer of sexually assaulting a female patient in 2010.
In an interview with KSAT 12, Day’s new attorney, Michael McCrum, called comments from the judge “shocking news,” referring to a main point of contention for Day’s defense.
During the original trial in June, the prosecution brought to the court’s attention a document allegedly presented by Day’s attorney to the victim that would have allowed her to drop all charges.
Cliff Herberg, Bexar County Assistant District Attorney, said in a phone interview Monday, that could have amounted to witness tampering and it was the prosecution’s duty to expose the conduct of the defense.
Herberg said the court did not rule on whether any wrongdoing took place.
“I think it was significant to the trial. As the lawyers testified today, it altered their trial strategy. The whole trial was messed up. Mr. Day did not get a fair trial. These lawyers were falsely accused,” said McCrum, in reference to Day’s defense team.
McCrum believes a change of venue should be strongly considered in the new trial. Herberg said the District Attorney’s office would not support that and is “disappointed, but ready” for a new trial.
Other women came forward during the Day’s original trial saying he had sexually assaulted them, too.
Two other cases are pending against Day involving alleged victims, but McCrum says the new trial will take place first.
"He does have mixed feelings though,” said McCrum of his client. “As you know, his son committed suicide after the jury found him guilty. Who knows if that would’ve happened if he had gotten a fair trial to begin with.”
Zachary Day parked his vehicle on I-10 near LaCantera Parkway and was hit by an 18-wheeler. Police say it was suicide.
Day’s defense team filed an appeal in July saying the doctor should be granted a new trial for reasons including an alleged sexual encounter between Day and District Attorney Susan Reed, and that some of the prosecutors had been patients of Day.
McCrum said the judge on Monday did not release details about the reasons a new trial was granted, but he expects that to be revealed in the coming weeks.
Meanwhile, Day no longer has to serve his punishment as his new trial looms. He was previously sentenced to probation, ordered to pay a $10,000 fine, complete 300 hours of community service and placed under house arrest.
No new trial date has been set.