Oct 19

Doctor Acquitted of Sex Abuse; Cleared of fondling 2 patients – 1995, Newsday

Copyright 1995 Newsday, Inc.

February 17, 1995, Friday, NASSAU AND SUFFOLK EDITION


LENGTH: 431 words

HEADLINE: Doctor Acquitted of Sex Abuse;
Cleared of fondling 2 patients



A neurologist with offices in Nassau and Queens was acquitted
yesterday of fondling two female patients in what his lawyer said was
one of the quickest jury deliberations – about 10 minutes – he’s
ever had.

Dr. Kenneth B. Gross, 42, of Woodmere, was on trial in First District
Court, Hempstead, on two counts of third-degree sexual abuse. “I did
not touch them in any sexually suggestive way,” Gross said in a
telephone interview after the ruling. “I examined them, that’s it,” he
added, classifying each encounter as a “normal, medical examination.”

Gross wouldn’t go into detail about the charges against him, referring
most questions to his lawyer, Stephen Scaring of Garden City. But he
said, “I’m very happy” with the verdict, which came one year, to the
day, after his arrest.

The trial, which lasted 10 days, arose from allegations by two women
that Gross fondled them during examinations. A 51-year-old real estate
broker said the alleged abuse took place on Jan. 17, 1994, when she
visited his Valley Stream office. A 32-year-old woman said Gross
fondled her breasts and buttocks at his Plainview office on Aug. 12,
1992. Law enforcement sources told Newsday at the time of Gross’
arrest that the younger woman initially complained to the police in
1992, but was either unsure or afraid to press charges at the time. The
case resurfaced, however, after the broker came forward last year.

Still, Scaring maintained that the allegations against Gross “didn’t hold
up on cross examination. The stories made no sense.” He added, “Dr.
Gross said it didn’t happen. He did not sexually abuse his patients. And
obviously, the jury agreed with him and rejected the claim and rejected
it rather quickly. It’s about the quickest jury I’ve ever had.”

Scaring added, “The prosecution’s case basically collapsed. This is a
case that never should’ve been brought in the first place. Unfortunately,
sex abuse cases today are politically correct. Cases with no merit end
up being filed. One of the real victims of this are true sex abuse victims
who sometimes pay the price of a skeptical jury.”

Ed Grilli, spokesman for the Nassau district attorney’s office, said if
Judge Anthony Marano “didn’t feel there were sufficient questions for
the jury to consider, he would’ve dismissed the case.”

While Gross has been acquitted on the sex abuse charges, Grilli said the
neurologist still has a resisting arrest charge “coming out of this case”
that is pending. Grilli said the police charged that Gross “resisted by
pushing the detective” as the detective attempted to handcuff him.