A New York physician found guilty of Rape five years ago in the county of Athens has just lost his third Appeal to have his case overturned.
Doctor Charles H. Nguyen, age 37, was convicted in a jury trial in 2010 of Kidnapping, Burglary, Rape and Tampering with Evidence, in Athens County Common Pleas Court. He was ordered to New York State Prison for 30 years.
According to the court record, at the time of the sexual assault, Nguyen was finishing his medical residency training when he became acquainted with an Athens woman through an internet chat-line. The unnamed woman testified that when she made it clear to the doctor that she was not interested in an intimate relationship, he arrived at her house with no warning; tied her up with rope and raped her.
In an earlier appeal, the Fourth District Court denied Nguyen’s attorney’s argument regarding several of what they considered procedural errors, although the court did agree there had been two procedural mistakes that needed to be addressed at the trial court level.
That trial court in Athens was assigned the duty of deciding whether Nguyen’s crimes of Rape and Kidnapping, as well as Burglary should have been considered as one crime, which might have reduced his sentence. But upon review, the court reaffirmed its original sentence that there were four distinct crimes before, during and after the assault.
The doctor then appealed this decision to the Fourth District Court, insisting that these and other trial errors merited a new trial. Nguyen’s attorney also argued that it was “cruel and unusual punishment” for him to have been sentenced to consecutive – as opposed to concurrent – sentences, for the four felonies. Consecutive sentences added up to his current 30-year prison term.
The Fourth District Court reaffirmed the decision of the trial court. It ruled that the trial court properly denied Nguyen’s request that his felonies be merged as one crime.
Here’s the case as we reported in December, 2014: