TX MED BOARD COMMITS ONLINE DEFAMATION

EXHIBIT E FOR TMB

ONLINE PROFILE DEFAMATORY INACCURACIES ON THE TEXAS MEDICAL BOARD WEBSITE CONCERNING CALVIN LEE DAY, JR., M.D.  #G1883

EXHIBIT LIST

  • EXHIBIT A is a sketch drawn by Patient 1 of an erect penis that she alleged was a depiction of Dr. Day’s penis.
  • EXHIBIT B is a photo taken by the Sexual Assault Nurse Examiner (SANE) of Dr. Day’s flaccid penis showing “no-match” with EXHIBIT A. (The detective swore out a false affidavit stating that the sketch in EXHIBIT A AND the photo in EXHIBIT B  resembled each other when clearly they do not).
  • EXHIBIT C contains specific rebuttals to the individual complainant allegations in the 07/25/2011 TMB Order concerning Calvin Lee Day, Jr., M.D.  #G1883.
  • EXHIBIT D details the untrue and inaccurate defamatory language contained in the 07/25/2011 TMB Order concerning Calvin Lee Day, Jr., M.D.  #G1883 .
  • EXHIBIT E details the online profile defamatory inaccuracies on the Texas Medical Board website concerning Calvin Lee Day, Jr., M.D.  #G1883
  • EXHIBIT F contains unfairly prejudicial actions by the staff of the Texas Medical Board concerning Calvin Lee Day, Jr., M.D. #G1883.
  • EXHIBIT G is Dr. Day’s polygraph showing his innocence.
  • EXHIBIT H contains pages 12-13 of the 6/11/2013 trial on the merits transcript re: Patient 1 retaining an attorney to represent her against the District Attorney because she did not want to continue and wanted to plead the Fifth
  • EXHIBIT I is the entire transcript of the 08/26/2013 Motion For New Trial Hearing
  • EXHIBIT J references portions of Exhibits I and K regarding apparent prosecutorial Misconduct in the Dr. Calvin Day case
  • EXHIBIT K contains pages 10 and 24 of the 6/11/2013 trial on the merits regarding threats made by the First Assistant District Attorney against the attorneys for Dr. Day concerning an alleged witness tampering investigation, when in fact, it was later disclosed that there never was such an investigation (See Exhibits J and I)

 

 

This EXHIBIT E details the online profile defamatory inaccuracies on the Texas Medical Board website concerning Calvin Lee Day, Jr., M.D.  #G1883.

 

On the Texas Medical Board website for physician CALVIN LEE DAY, JR., M.D.  #G1883 under the section entitled “TMB Filings, Actions and License Restrictions” the following defamatory inaccuracies are found:

 

  • “Following news coverage of that arrest, four more patients came forward with allegations that Dr. Day had sexually assaulted them as well.” This is factually incorrect. There were only two women who subsequently alleged sexual assault and one of them was not a patient at the time of the alleged assault in 1999.   The allegations of both of these copycats were disproven at the Hearing With Notice on 07/25/11.  The 1999 copycat swore that she never saw Doctor Day again. At the hearing we learned that in 2002, three years the years following the alleged incident, that she subsequently became a patient of Doctor Day and had four treatments by him personally, that she frequented Doctor Day’s office, and that her mother was a disgruntled ex-employee. The second copycat alleged that an event took place in 2009 during an office visit.  At the hearing, the medical assistant in the room with Dr. Day for that office visit testified that this particular patient had been solicitous on previous visits, and for that reason the medical assistant remembered staying in the room with Doctor Day the entire time, not even leaving the room for a few seconds to get supplies, etc.  So the truthful and rightful language should read “Following news coverage of that arrest, two more women came forward with allegations that Dr. Day had assaulted them as well, and only one of these was a patient at the time of the alleged assault.”                                                                                                                             
  • “…….for sexually assaulting a patient…….”  Dr. Day has not had an opportunity to prove his innocence in a court of law so the truthful and rightful language would be “….for allegedly sexually assaulting a patient…”
  • “Dr. Day is unable to practice medicine …….as a result of a mental or physical condition….” Dr. Day has never been diagnosed with any mental or physical impairment and has practiced successfully for 28 years building his practice to almost 40,000 patients with 200 visits per week.  The TMB has at this point received letters from over 30 of his female patients attesting to his professionalism and behavior.  This statement on the TMB website is defamatory, inaccurate, unfairly prejudicial, and should be removed after reading the letters from Dr. Day’s patients, particularly the one from the female psychiatrist.
  • “he engaged in sexually inappropriate behavior ……..”      Dr. Day has not had an opportunity to prove his innocence in a court of law so the truthful and rightful language would be “he is alleged to have engaged in sexually inappropriate behavior”…
  • “…..after luring her to a locked back room at his office.”    TMB uses the word “lure”. However, testimony at the hearing by Dr. Day’s nurse documented that it was the personal trainer who “lured” Dr. Day by propositioning her services to him, and that in fact she was coming to Dr. Day’s office to talk about personal training sessions and to look at his exercise equipment.  Moreover, Dr. Day’s secretary testified at the hearing that she was in the office at the time of the alleged assault, and that she saw Dr. Day’s keys on his desk in another part of the office. He was without his keys and could not lock doors because, as his secretary testified, he had his workout clothes on for the personal trainer, and everyone knows you don’t put a big lump of keys in your pocket when you are about to workout.  His secretary also testified that Dr. Day told her in advance that the personal trainer was on her way, that she (the secretary) was in all areas of the office, that she heard no noises, and that she saw Dr. Day afterwards and that there was nothing unusual about his appearance or demeanor. And it was not until nine days later that the personal trainer alleged assault charges. So the rightful and truthful language should read “…..after allegedly going to a locked room at his office.”
  • “he…… violated a law ……”   The determination on whether Dr. Day violated a civil law rests with the State Office of Administrative Hearings and the determination on whether Dr. Day violated criminal law rests with the 379th District Court.  Because the TMB language implies finality and the TMB has no authority to issue the final determination on violations of any law, whether it be civil or criminal, this language should be removed.
  • “Dr. Day's ….. criminal conduct……”   The TMB language implies finality and the final verdict on whether Dr. Day’s conduct was “criminal” and violated criminal law rests with the 379th District Court. The TMB has no authority to issue the final or even an interim ruling on violations of criminal law.  The truthful and rightful language should read “Dr. Day’s………..alleged misconduct…”