United States v. Guardia

135 F.3d 1326 (10th Cir. 1998)

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Nature of the Case

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Facts

Dr. Guardia (D) was indicted on charges of sexual abuse and battery. The charges arose from D's allegedly improper behavior during gynecological exams he performed at Kirkland Air Force Base in 1995. D moved in limine to exclude evidence proffered by the U.S under 413. The district court granted that motion under 403. Both complainants alleged that D exceeded the bounds of medically appropriate examination techniques, and that this was shown by D's sayings during the exam of how he loved his job and that D called one of the patients at home and performed other acts suggesting his sexual interest in her. Neither of the exams occurred with a chaperone present. The government also wanted to enter the testimony of four other women who alleged the same type of abuse in examinations with D. There were major differences in the evidence offered and the court excluded the evidence. The government appealed.