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Sands Point doctor convicted of rape tried to infiltrate jury, sources say

Marshall Hubsher leaves Nassau Police headquarters on Thursday,

Marshall Hubsher leaves Nassau Police headquarters on Thursday, April 19, 2012, in Mineola. Credit: Howard Schnapp

A disgraced former doctor who was convicted Monday of raping a patient is suspected of trying to interfere with jurors by disguising himself in a Mineola courthouse before leaving them a note about “reasonable doubt,” sources said.

The Nassau district attorney’s office has a jury-tampering probe underway into the actions of Marshall Hubsher, 66, of Sands Point, according to officials with knowledge of the case.

A transcript from the trial of Hubsher, a psychiatrist who lost his medical license and faces a separate prosecution on charges he sold pill prescriptions, shows court officers on Monday morning found the same note on doors and tables of two jury rooms.

Hubsher first came in the courthouse wearing a leather jacket and a hat and holding papers, according to sources. Then he left without the papers and returned a short time later in different garb to attend his trial, according to sources, who said the investigation includes video footage.

The jury then found Hubsher — who is now jailed — guilty of third-degree rape and third-degree criminal sexual act for sexually abusing a female patient he was treating for depression.

Jurors told state Supreme Court Justice Angelo Delligatti they hadn’t seen the notes, but the judge warned Hubsher he would be in trouble if he had planted them.

“I have also reason to believe, Mr. Hubsher, that you were in the courthouse this morning not dressed in a suit or the way you are now, and that you were seen leaving the courthouse at about nine o’clock this morning. It was shortly thereafter that these notes were found,” Delligatti said. “If I find that you are the one who put this in here, there will be serious consequences.”

The three-paragraph typed note, which Newsday obtained Tuesday, was addressed “To All Jurors-Please read.”

It gave “examples of reasonable doubt,” such as if a witness “had a motive or reason to lie, ie; financial gain,” or may have been “mistaken in memory . . . due to mental illness or disorder.”

A spokesman for District Attorney Madeline Singas declined to comment Tuesday.

But Assistant District Attorney Cristina Colon said in court Monday that based on observations reported to her, it was “highly likely” Hubsher “was the person who put those notes inside of the jury room.”

Hubsher’s lawyer, David Schwartz, denied Tuesday that his client had anything to do with the materials and said Hubsher planned to appeal the verdict.

The Garden City attorney also said he planned to investigate how a jury that was deadlocked on Friday could reach a verdict first thing Monday.

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