A Nassau judge Wednesday gave a psychiatrist who raped a patient extra prison time for trying to tamper with the jury — which later convicted him — by leaving jurors copies of a note about “reasonable doubt.”
Marshall Hubsher, 67, of Sands Point, will stay behind bars for another 90 days because of his July guilty plea to third-degree burglary and first-degree attempted jury tampering charges.
Acting State Supreme Court Justice Patricia Harrington sentenced Hubsher to 1 to 3 years in prison that will run at the same time as his current prison term for the sex crime, plus an extra 3 months.
The disgraced doctor apologized for his actions Wednesday, but asked the judge to sentence him to time served. Hubsher said he was on medication that gave him delusions at the time he tried to tamper with the jury.
“It’s not an excuse. I’m still very sorry I did it,” Hubsher said.
Surveillance video showed that while on trial in March 2016, Hubsher came into a Mineola courthouse one morning wearing a baseball cap and leather jacket and holding newspapers. Prosecutors said he then sneaked into private jury rooms and left falsified “jury instructions” on doors and tables.
The typed note, as Newsday has reported, was addressed “TO ALL JURORS — Please read,” and gave “examples of reasonable doubt,” such as if a witness “had a motive or reason to lie,” or was “mistaken in memory . . . due to mental illness or disorder.”
Hubsher then left the courthouse, still holding the newspapers, and returned to the building a short time later to attend his trial wearing a business suit and using a walker, according to authorities.
The jury convicted him that day of third-degree rape and third-degree criminal sexual act for sexually abusing a woman he was treating for depression.
Hubsher, who has lost his medical license, is serving 2 to 3 years in Mid-State Correctional Facility in upstate Marcy for that conviction. He is also serving a sentence for conspiracy and unauthorized practice of profession in connection with his conviction in a separate case.
In his remarks in court Wednesday, Hubsher also apologized to State Supreme Court Justice Angelo Delligatti — who presided at his rape trial — but said he believed Delligatti took his jury tampering attempt into account when he sentenced him in the sex crime case. Hubsher told Harrington he has numerous health issues and asked for compassion, saying: “I don’t want to die in jail.”
But Harrington said while she was sorry for his medical issues, he found himself in the predicament because of his actions.
The judge also asked Hubsher to admit responsibility for the tampering attempt again for the record and he replied that he wasn’t saying a mental defect led him to not be responsible for his actions.
“I believe there has to be additional punishment,” Harrington then said, before meting out more prison time.
Nassau District Attorney Madeline Singas released a statement later saying the sentence made clear that “any effort to manipulate a jury will be met with serious consequences.”