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Doctor convicted of rape denies jury tampering try, records show

Marshall Hubsher, 67, seen outside Nassau County Court

Marshall Hubsher, 67, seen outside Nassau County Court in Mineola on Thursday, Dec. 22, 2016, pleaded not guilty to a charge of trying to tamper with the jury that convicted him of raping a patient. Photo Credit: Howard Schnapp

A doctor from Sands Point who is serving prison time appeared in Nassau County Court Thursday and denied trying to tamper with the jury that convicted him earlier this year of raping a patient.

Marshall Hubsher, 67, pleaded not guilty to a third-degree burglary charge and 13 counts of attempted juror tampering, court records show.

Hubsher, a psychiatrist who lost his medical license, was suspected of trying to interfere with jurors deliberating in his sex-crime case by donning a disguise in a Mineola courthouse before slipping the panel a note about “reasonable doubt.”

Court officers found the same note on doors and tables of two jury rooms on the same day jurors convicted him.

Sources told Newsday that Hubsher first came into the courthouse wearing a leather jacket and hat and holding papers. He then left and returned a short time later in different clothing to attend his trial. Video footage is among evidence against Hubsher, the sources said.

Prosecutors alleged Friday that Hubsher changed into a suit and was using a walker when he returned to the courthouse. They also alleged he had been carrying newspapers when he both went into and came out of the courthouse the first time.

The jury convicted Hubsher of third-degree rape and third-degree criminal sexual act for sexually abusing a woman he was treating for depression.

State records show Hubsher is serving between 2 and 3 years in prison for that conviction, along with a separate conviction on charges of fourth-degree conspiracy and unauthorized practice of profession.

Evidence in the new case against the doctor centers on a three-paragraph typed note, previously obtained by Newsday, and was addressed, “To All Jurors — Please read.”

The note gave “examples of reasonable doubt,” including whether a witness “had a motive or reason to lie, i.e., financial gain” or had a memory problem “due to mental illness or disorder.”

Nassau County District Attorney Madeline Singas, in a statement after the indictment’s unsealing, said Hubsher “allegedly put on a disguise and attempted to tamper with a jury while it was deliberating his fate in another case.”

“The integrity of the jury process is at the heart of our justice system and we will not tolerate anyone trying to tamper with or threaten jurors in Nassau County,” she added.

Records show a Nassau judge issued a warrant for the rearrest of Hubsher, a prisoner at Mid-State Correctional Facility in upstate Marcy, in late November.

Hubsher has an attorney from the Legal Aid Society, whose lawyers don’t comment on pending cases.


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