Shameful Decision

 
December 18, 2002

 Shameful Decision

"The mere fact that this doctor is standing here in court sends the message that the state takes this statute very seriously..." - Assistant State's Attorney Craig Nowak Is a $100 court fee for covering up obvious child abuse of a 10-year old girl impregnated by a 75-year old man serious? What dictionary are they using? Apparently referring the child to an abortion mill covereth a multitude of criminal conduct and earns support of the "doc's" colleagues, friends and civic orginizations!!!" -SM

"Wow . . . a law with a whole $500 fine! A law with this kind of teeth in it is really going to force physicians who are earning $500,000 plus per year to obey. I would suggest this law needs as a punishment the loss of the physician's license to practice. How could a law with such a wimpy penalty ever hope to provide protection to minors for sexual abuse?" - RC

http://www.connpost.com/Stories/0,1413,96%257E3750%257E1059890,00.html

Article Last Updated:
Wednesday, December 18, 2002 - 3:41:57 AM MST

Doc gets probation in preteen childbirth
Charges against 2nd physician are dropped
By DANIEL TEPFER dtepfer@ctpost.com

BRIDGEPORT

A city pediatrician who agreed Tuesday to take the blame for failing to report a 10-year-old girl's pregnancy was granted a special form of probation.

Dr. Mukeshkumar Shah, through his lawyer, Richard T. Meehan Jr., told Superior Court Judge David Gold it was his decision to violate the state's child abuse reporting law. The pregnancy resulted in the birth of the child's baby and the conviction of the 75-year-old father.

Shah said his colleague, Dr. Ann Lule, just became caught up in the case.

"This is a technical violation of the law, but he takes full responsibility for the decision not to report this matter," Meehan said.

As a result, Gold dismissed the case against Lule.

While he agreed to grant Shah accelerated rehabilitation, the judge said he didn't want that to be considered a message that he agreed with Meehan, who said the reporting law is vague.

"The statute is not vague in any way and mandates [a] doctor report abuse. This arrest demonstrates that violations of this reporting statute will be vigorously prosecuted," Gold said.

Shah and Lule, who share a Main Street office, were each charged with two counts of failing to report suspected child abuse or neglect. If convicted, they could have faced fines of up to $500.

Instead, Shah was placed on 30 days probation and charged a $100 court fee. If he commits no other crimes during the 30 days, the charge against him will be dismissed.

Accelerated rehabilitation is available to first-time offenders of nonviolent crimes.

Meehan had previously attempted to challenge the charge against his client, contending the law is unconstitutionally vague.

Assistant State's Attorney Craig Nowak, who had vigorously argued for the charges, conceded Tuesday that it would probably cost the state more to prosecute the doctors than the $500 they could be fined.

"The mere fact that this doctor is standing here in court sends the message that the state takes this statute very seriously," he told the judge. "The message has been sent to the medical community."

On March 14, the girl's mother took her to Shah's office because the girl was complaining of a swollen stomach, according to police.

Shah performed a urine test on the girl and determined she was seven months pregnant. Following this, Lule interviewed her.

Lule said the girl was reluctant to talk, but denied ever having sexual relations or a boyfriend. The doctors then referred her to the Summit Women's Medical Center abortion clinic.

The girl gave birth in May, and both she and her child are in custody of the state Department of Children and Families.

The doctors did not report the girl's pregnancy to either DCF or police.

Jimmie Kave, 75, later pleaded guilty to sexually assaulting the girl after a DNA test showed he is the baby's father.

He was sentenced Nov. 15 in Superior Court to 12 years in prison.

Meehan read the judge a stack of letters he had received in support of his client from the doctor's patients, colleagues and civic organizations.

Daniel Tepfer, who covers state courts and law enforcement issues, can be reached at 330-6308.

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See the Streets section here under Connecticut or index to More News Artlcles from CT for past articles on this tragic saga.

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