Criminal charges accusing a former Bloomington doctor of sexual assault should be dropped because a Bloomington police detective lied to a grand jury, the defense argued at a hearing on Friday.
Dr. Shaun Kink, 39, was indicted in February 2020 on charges related to his interactions with a female patient, who claims Kink sexually assaulted her at her home. In a court filing after forensic tests were disclosed linking Kink to the alleged victim, the defense argued the sexual activity was consensual.
Kink’s attorney, Peter Wise, argued Friday that Bloomington police detective Jeff Engle gave false information to the McLean County grand jury considering charges against the doctor. According to the defense, Engle testified that Kink denied having contact with the alleged victim outside a medical setting. The former orthopedic surgeon maintains he did not respond to the question during a police interview that ended after he asked for a lawyer.
Engle was “deceptive, inaccurate and misleading,” said Wise.
Wise and prosecutor Mary Koll agreed the question turns on Judge Casey Costigan’s interpretation of Kink’s utterance of “no” and whether it was in response to Engle’s question, or part of his request for a lawyer.
Koll argued that Kink’s negative reply amounted to a denial of seeing the woman. Koll also said the statement will be “critical for the jury to hear “ given Kink’s admission to having sex with the alleged victim.
Costigan took the matter under advisement.
A Nov. 14 trial date is set.
Kink’s medical privileges have been revoked at both Twin City hospitals and the state has revoked his medical license.
