Dr. Mark Anderson was trying to treat a jaw disorder, his attorney said in an opening statement.

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Yolo dentist who touched patients' breasts 'not a molester,' lawyer tells jury

Published: Wednesday, Jan. 14, 2009 - 12:00 am | Page 1B

A Woodland dentist accused of fondling his female patients was trying to massage their chest muscles to treat a stress-related jaw disorder, his defense lawyer told jurors Tuesday in Yolo Superior Court.

During opening statements in the trial of Mark Anderson, attorney Michael Rothschild said Anderson was attempting to imitate his brother, a physical therapist, in order to relieve the women's pain from temporomandibular disorder, or TMD.

The muscles of the face, neck, shoulders and chest are all interconnected, he told jurors, using anatomical drawings to explain his point.

Anderson saw himself as a "country dentist in a small town" who was trying to help his patients with free massages rather than refer them to costly specialists, Rothschild said.

But without proper training, Anderson didn't understand he should massage the women's chests from the side to avoid "ending up in court."

"Naive and well-meaning, Mark Anderson bumbled along as best he could," Rothschild said.

Anderson, 49, is charged with 21 counts of sexual battery, based on grand jury testimony of 14 former patients. He has pleaded not guilty to all charges.

Deputy District Attorney Robert Gorman told jurors that from 2005 to 2007, Anderson had slipped his hands beneath the women's bras, complimenting one woman's breast augmentation and telling another she had nice breasts.

When one woman wrote Anderson an angry letter, saying he had sexually assaulted her, the dentist sent her a card with "a cartoon picture of a bunny rabbit" on the front that said, "Oops," Gorman said.

During a phone call taped by police, he told another woman, "I probably took that too far," Gorman said.

Anderson told his patients the breast massages were medical procedures, but they didn't have anything to do with treatment, Gorman said.

"A general dentist is only concerned with the neck up," the prosecutor said.

Anderson was well-liked by many longtime patients for his corny jokes and caring demeanor.

He had what seemed like an idyllic life, with a thriving dental practice, a large family and a turn-of-the-century house on a tree-lined street in a historic Woodland neighborhood.

But his life began to unravel in September 2007, when a woman told police that Anderson had touched her breasts during a dental appointment.

Eventually, 26 other women came forward with similar stories, and state authorities suspended his license.

More than a dozen of his accusers testified before the grand jury, which indicted him in October 2007.

Gorman told the trial jury that all of them would testify.

Some of Anderson's accusers continued to see him because they were unwilling to believe their dentist would sexually assault them, he told jurors. One woman reported six separate incidents, he said.

Rothschild said he would call expert witnesses to show that Anderson's actions all fell within the realm of treatment. Some patients welcomed the pain-relief that Anderson provided and even requested it, he said.

"Mark Anderson did not touch one of these accusers with any sexual intent," the lawyer told jurors. "Everything he did was with a legitimate professional purpose."

Rothschild said the accusers fell into three groups: those who were lying and "out to make a buck"; those who had psychological problems and a "skewed" perception of events; and those with "foggy recollections," who decided "I must have been molested too," after the case received extensive media coverage.

He said Anderson should have been aware of the risks of providing chest massages but didn't consider it in his efforts to help his patients.

"Dr. Anderson is naive, trusting and perhaps just dumb," Rothschild said, "but he's not a molester."

The trial is scheduled to continue today before Judge Stephen Mock.


Call The Bee's Hudson Sangree, (916) 321-1191.


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