Chiropractor convicted of sexually abusing 3 women and a girl

(Original Post 6-4-08)
Chi Van "Henry" Pham, 43, from Yorba Linda, CA was convicted of four counts of sexual assault by fraud and two counts of battery for inappropriately touching four female patients at his Anaheim clinin. Jurors, who deliberated for several days, deadlocked on a charge of sexual battery and lewd or lewd or lascivious act with a minor. Pham was acquitted of a L & L act with a minor charge. He worked at the aptly named California Clinic in Anaheim, where according to prosecutor Farrah Emami, all victims were sexually assaulted.

Defense attorney Joseph P. Smith had argued that the nature of chiropractic treatment is "hands-on," and that the treatment is "about manipulating the body to repair damage."

The expectation of patients, he said, is sometimes "at odds with the treatment," which can be "misinterpreted."

The patients came for treatment after they were involved in serious automobile accidents that left them with neck, chest and shoulder pain.

The sexual battery by fraud relates to acts occurring as part of chiropractic treatment.
"Our position was that, in each case, no evidence was presented that there was any sexual gratification purpose," Smith said.

Emami said that between March 1 and Oct. 31 of 2003, and between July 1 and July 31 of 2005, Pham sexually assaulted Jane Doe No. 1, who was between 13 and 15 years old, on several occasions by fondling her breasts and one time putting his hands in her pants and touching her vagina. In July 2005, he put his arms around the girl, kissed her arm and rubbed his erect penis against her thigh through his clothing, prosecutors said.

The charges on which jurors deadlocked pertained to Jane Doe No. 1's sister, who was 13 years old. Prosecutors alleged that Pham, on several occasions, touched her breasts and buttocks under the pretense of treating the girl.

The acts with Jane Doe No. 3 occurred during the month of August 2005, when she was 23 years old and he put his hand inside her bra and fondled her breasts, Emami said.

Orange County Superior Court Judge Patrick Donohue will sentence Pham on July 25 to up to 7 years in prison. Civil lawsuits have been filed, and Pham is expected to have to register as a sex offender. Accoeding to Smith, Pham rejected an offer of 6 years in exchange for a guilty plea. Pham is currently in jail pending sentencing.

(Update 8-9-08) Pham was sentenced to the maximum 7 year sentence by Superior Court Judge Patrick H. Donahue for 4 counts of sexual battery by fraud and 2 counts of misdemeanor battery. Pham applied for probation, but his request was denied because he abused his position of trust.