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  • Not Guilty: Jury acquits doctor on all counts
    by JEFF FARRELL
    4 months ago | 3543 views | 47 47 comments | 20 20 recommendations | email to a friend | print
    Dr. Rodney Carterm at right with his attorney Bryan Delius, reacts Friday after he is found not guilty on all the counts brought against him.
    view slideshow (3 images)


    SEVIERVILLE — Dr. Rodney Carter walked out of the Sevier County Courthouse Friday a free man, with no charges hanging over his head concerning improper sexual contact with male patients at his medical practice.

    After three days of testimony, a Sevier County jury of eight men and four women took three hours to return not guilty verdicts on four charges of rape and three charges of sexual assault.

    Carter left the courtroom after celebrating for some time with his wife and daughters as well as a number of supporters who sat behind him throughout the trial.

    “Praise God,” he said. “I thank my family and my counsel, (Defense attorney Bryan Delius), for going the extra mile, and my church family, and the patients who believed in me and kept the practice going.”

    The state suspended Carter’s license to practice medicine after a grand jury issued the presentments against him. He will now have to go before the Board of Medical Examiners to try to get his license back, something Delius said they will work to do as soon as possible.

    “We’re going to get his medical license back,” Delius said.

    They will seek an agreement to regain the license based on the jury’s ruling, and if that doesn’t happen they are prepared to move forward with a trial before the board to regain the license.

    Carter, owner of LeConte Family Practice, was charged with having inappropriate sexual conduct with four male patients, including one who was underage at the time the alleged incidents. (The Mountain Press does not typically identify the alleged victims in cases involving sex crimes.) All the charges involved activities that the four men said happened in his offices during what were supposed to be medical exams.

    The patients told the jury Carter sexually touched them during exams and performed unnecessary rectal exams upon them while alone in the exam rooms. Assistant District Attorney General Steve Hawkins attempted to prove the exams were not warranted based on their medical complaints.

    In his closing argument, Hawkins reminded the jury that the four alleged victims didn’t know each other and had never met before they testified in hearings about the case.

    “You either believe this is the biggest conspiracy in the world … or that man is guilty,” he said, pointing to Carter.

    Members of Carter’s staff testified they were present throughout the exams, and nothing improper happened. Delius sought to show that the exams were proper procedure, based on the symptoms presented by the alleged victims.

    If the charges were tried separately, he said, the cases wouldn’t stand at all. “Why are they here together? (Because) they won’t stand alone.”

    He displayed pictures of the Carter with his wife and their two daughters as he made the closing argument.

    The jury retired at about 6 p.m. to deliberate; before they did so Judge Richard Vance randomly selected two men and two women as the “alternates” from the panel of 16 that heard the case, leaving eight men and four women to consider the charges.

    Delius had issued subpoenas for Mayor Bryan Atchley and Sevierville Fire Chief Mike Rawlings, but did not call them to the stand. Carter worked at Sevier County Nursing Home, where Atchley is director.

    The defense’s main witness in the morning was Newport physician Dr. Michael Hood. Hood, who is also an assistant professor at the James H. Quillen School of Medicine for East Tennessee State University, acknowledged a manual from the school showed a doctor performing a genital exam without gloves.

    However, during cross-examination by Hawkins, he said the manual was outdated, and that is not what he teaches his students or how he conducts the exams himself. “I don’t teach from a book, I teach from my experience and I stay up to date,” he said, adding he uses a number of periodicals to do that.

    Having reviewed the medical records of the patients, Hood said the exams performed by Hood were “acceptable” procedure.

    Rectal exams, he said, should not take minutes, as the alleged victims said they did with Carter. They should take more in the range of half a minute. He also said he would typically perform rectal exams such as the ones involved in this case a handful of times a year at his office out of hundreds of visits for men the same age as the alleged victims.

    The alleged victims said their rectal exams or prostate massages lasted longer than that, and that Carter touched their genitals while he was not wearing gloves. Several said that he urged them to stimulate themselves or attempted to stimulate them sexually while they were alone in the exam rooms with him.

    Delius also called several members of the staff from LeConte Family Practice, who said they were present during the exams in question and were present at the office whenever he performed such exams. Protocol required they always had another staff member present with Carter during exams where patients were unclothed, they said. They told the jury nothing improper happened during the exams.

    For his last witness, called one of Carter’s daughters to the stand and asked her, point blank, “Is your father homosexual?”

    “No,” she said. “He loves my mother”

    The case featured testimony by expert doctors for both sides, and references to medical manuals that appeared to bolster each side’s case.

    Carter faced similar charges in Pennsylvania in the 1990s; a judge dismissed one charge against him and a jury acquitted him in the other. He is facing a civil suit from one of his alleged victims in this most recent case.

    jfarrell@themountainpress.com
    comments (47)
    « Justice for Victims wrote on Thursday, May 13 at 11:36 AM »
    Have come you never hear this kind of controversy about other doctors? That many people wont lie about the SAME THING!
    « definitions wrote on Thursday, May 13 at 11:07 AM »
    jojo24 please define "molested" for us? Technically I am molested everytime I go to the ob-gyn dr. Technically the exams I get there by law are considered rape. I don't like the exams. They are uncomfortable sometimes they hurt, It is a horrific experiance but it is for my current and continued health. Now how are you going to feel about going to a Dr. that does not give you those types of exams and then something comes up that was missed because the exams were uncomfortable? I'll bet you'd be screaming about filing a law suit because that Dr. should have done a more complete exam and caught the problem. Good luck to you in the future with your health...your gonna need it.
    « let it go wrote on Thursday, May 13 at 10:50 AM »
    Correction jojo24

    He was not punished for this before. One was dismissed and the other he was found not guilty. Get your facts straight. Seems there was a lot of discrepancies through the State's witnesses during the entire trial.
    « jojo24 wrote on Thursday, May 13 at 03:03 AM »
    This has nothing to do with Jesus... it has to do with the law, and Dr.Carter broke it. I was also molested by Dr. Carter and I was in the court room for the trial. Justice was not served to these any of us-plain and simple. You can be his friend, neighbor, or child... but you weren't in that room. Only the me and the other victims were in that room when we were violated. Why would anyone try to destroy this man for no reason? He was punished for the SAME CRIME before. I think everyone needs to really look at what is happening here. He was guilty and managed to worm his way out of it. It hurts me on so many levels that he was not punished further before. Maybe what happened to me and these other guys could have been prevented. This man is hurting people and needs to be stopped.
    « let it go wrote on Wednesday, May 12 at 07:56 PM »
    "He who is without sin, cast the first stone."

    Is this not what Jesus said when the lady caught in adultery was being confronted by her accusers. If we would all worry about whats going on in our own house, and stay out of the houses of others, maybe society as a whole would prosper.

    God Bless you Dr. Carter and your family!
    « whyohwhy wrote on Wednesday, May 12 at 11:22 AM »
    I have worked in medical field for approximately 25 years, and I do not know of any office that documents which staff member chaperoned their exams. You can be assured that will be protocol at Leconte Family Practice from now forward. Other practices will probably implement this protocol also. Even if it has been documented that I chaperoned a physical exam, if nothing out of ordinary happened I probaly still will not remember it, just as i cannot describe the buttocks of every one I have given an injection.

    If you read court transcript the nurses never claimed to remember everything.
    « JUSTICE FOR VICTIMS wrote on Tuesday, May 11 at 05:05 PM »
    To Sevier County: Please read the court transcript to see who is telling truth. The nurses did not have written documentation they were in the room with the victims. Read court transcipt--this is public record.
    « whyohwhy wrote on Tuesday, May 11 at 11:39 AM »
    I have known and worked for the Carter's for several years. I have assisted Dr. Carter on many procedures and have NEVER seen him do any exam that I thought was for his "sexual pleasure".

    Nor do I think he is homosexual. He is a kind and loving husband and father, a talented and caring physician, as well as a great employer and a good friend. He is a man that I am proud to call my brother in Christ and I love him dearly. This said, I would like to respond to FEAR GOD who posted on May 8th, accusing me and my co-workers of lying on the stand. While I do love Dr. Carter, I was under oath to tell the truth and would not perjure myself for him or anyone. I was not compensated in any way, nor was I ever pressured to change my testimony. Futhermore, what kind of pressure do you think could have been employed to make the 2 of us lie who no longer work for Dr. Carter? I agree with many of you who have already posted. This was a terrible witch hunt that has affected the lives of many. I thank God that the trial is over and am praying each day that the medical board will act ina very timely manner to get this healer back to work.
    « hellooutthere wrote on Monday, May 10 at 09:49 PM »
    To the Dr's that were supposedly the expert witnesses that say these exams were uncalled for on people that age obviously have no clue. How come the Military does these types of exams on every man or woman that enlist in the armed forces? No matter what the age. From 17 on up they get these exams....if they are wrong or uncalled for why oh why does the military make them mandatory? This whole thing was insane and yes exams such as this are embarrasing and humiliating at any age but for crying out loud...grow up and put your big girl panties on and get over it...woman do every single day...do you think going to the ob-gyn or having a baby is a picnic for woman? Talk about embarrasing and humiliating!!!! Geez....It was a waste of the courts time and everyone's money including all you who pay taxes here....The DA's don't work for free either.
    « ccrisp wrote on Monday, May 10 at 05:54 PM »
    He is guilty! He just had enough money to get our of it. Why would these young men, that did not know each other testify to the same thing if he the doctor was so innocent? The doctor may be free but these young men that he has wronged will never be free of this crime.
    « tmatthews wrote on Monday, May 10 at 09:51 AM »
    I am glad that Dr Carter has recieved this great Justice. And that is what it is is JUSTICE. Its about time that the truth is revealed. Its about time that this witch hunt is over.
    « dblalock wrote on Monday, May 10 at 08:42 AM »
    I agree with hans009, shame on the attorneys for making these "kids" feel like the criminal. It seems everyone has forgotten he was 'accused' of the same thing up north. But, like it says in the Bible, (my translation) do not seek revenge on earth because "vengance is mine sayeth the Lord" but this is an illness, he will be scared for awhile, but he will become once again comfortable and it will happen again. Just pray it is not your son!!!
    « concerned observer wrote on Monday, May 10 at 08:11 AM »
    The trial judge vance was obviously for the prosecution. He treated the defense attorney badly compared to the prosecutor. Why would a judge be so unfair as to exclude important witnesses for Dr. Carter who told about police coersion? Great job Bryan Delius!!! Dr. Carter should thank God for you!
    « jlike719 wrote on Monday, May 10 at 07:16 AM »
    Well, after all this I'd probably never see Dr. Carter as a patient, HOWEVER, he was found innocent! How can people here post that he was really guilty? How in the world do you know that? All we can say for sure is that the justice system did what it was supposed to do, and a man was acquitted of all charges.
    « YeahYeahYeah wrote on Sunday, May 09 at 07:45 PM »


    Yes, I could leave my teenaged son in the room with him. But if something were to happen why in the world would my son continue to go back? Exactly.

    And no, I would never leave my young child alone in a room with any doctor. It doesn't make any sense to let a young child go alone.
    « NotGuilty! wrote on Sunday, May 09 at 05:29 PM »


    To those who read this and assume this man is guilty just by what these punk boys said alone is ridiculous! And why in the world would the police try to get the other patient to lie about what happened?

    If what happened is the room was so bad then why did some of the boys CONTINUE to go back? Then months later come up with this bull?

    Open your minds.
    « disgustedbythis wrote on Sunday, May 09 at 05:24 PM »
    To "I was there", thank you for saying what needed to be said, for finding words to express what we all are feeling. Sadly, the happy carter family are probably looking for a new home (a time in their life to relocate;again)

    He may have left Friday as a free man but he will never truly be free, not from the distrust, the questioning, the guilt, the lies, so many of them, and he will never be free from himself. He knows. I have to wonder about the people who say he is a great doctor, they agree with the bad decisions that this jury has made, How many of them would take their young son, their grandson etc. to see this man? Take them, behave as usual, sit in the waiting room, comfortable, reading your magazines..no worries and of course no questions whatsoever after the appointment. Can you honestly say that you trust this man?

    I cannot believe that their are so many among us who feel that this behaviour is appropriate, acceptable and even defended depending on who it is. Filth is Filth! and to his daughter, one day when you grow up you may have children and begin to understand this a bit.
    « GetReal123 wrote on Sunday, May 09 at 05:17 PM »


    Seems likes all the young punks are posting here. Get over it, your lies didn't work.

    In the meantime, learn some grammar.
    « lynn124 wrote on Sunday, May 09 at 02:51 PM »
    To the jury, you all did a fantastic job !! Bless you all !
    « UNBELIEVABLE!!! wrote on Sunday, May 09 at 01:49 PM »
    Dear I Was There-You are wonderful! There is truly no justice system anymore. It is based on lies and twists of the truth. It seemed as if the biggest lier won. I want you to know that you have truly explained the situation eloquently!!