Prosecutor drops sexual assault case against SA doctor

Calvin Day convicted in 2013 of assaulting patient

SAN ANTONIO – The sexual assault case against prominent San Antonio dermatologist Dr. Calvin Day was dismissed Friday, according to 379th District Court Judge Ron Rangel.

Prosecutor Charles Bunk declined to continue on with the case, and Rangel signed off on the motion.

The decision to dismiss the case came with mixed emotions for Day.

"It’s a little bit of a relief but on the other hand it’s harder to get the naysayers to be quiet when the case is dismissed," said Day.

Day claims the case was dropped by the prosecution because the female accuser was not cooperating.

“My understanding is that she was presented with the evidence and after being presented, she disappeared. My understanding is that for a month now she’s just evaporated after finding out what we had on her," Day said.

Day was found guilty in 2013 of sexually assaulting a female patient in 2010.

He was granted a new trial two months after his conviction on the grounds of ineffective counsel.

The reason for the dismissal centers on then-District Attorney Susan Reed, with pushback coming from both the defense and the prosecution.

According to Rangel, the woman who accused Day would not cooperate, saying she was angry with the way Reed handled the case.

The defense claimed that Reed created "histrionics" during the 2013 trial after Day's claims that he and Reed had been involved in an intimate affair.

Day believes the case should have been handled by an outside agency.

"I think the more important issue is that I knew her socially and not only she but multiple members of her staff were my patients. So I think that’s a more compelling reason than a drunken thing in Las Vegas," Day said.

Day's legal troubles are not over yet. There is a similar case pending against him by another patient.