Abortion doctor rejects plea deal; case to appeals court

A Superior Court judge on Wednesday set aside the trial of a Phoenix abortion doctor until the state's appeals court can review a decision to have one trial cover the dozens of abuse cases in which he is accused.

Brian Finkel was arrested in October 2001 and charged with 67 sex crimes against 35 patients. He is out of jail on a $100,000 bond and monitored by an electronic ankle bracelet.

The accusations involve inappropriate touching by the doctor during examinations and before abortions between 1983 and 2001 at his north Phoenix clinic. One victim accused the doctor of performing oral sex on her without consent.

In September, Judge Jeffrey Cates initially decided that Finkel would face separate trials in each of the cases and that jurors would not be allowed to hear evidence or testimony about the other cases.

Cates refused to consolidate, saying prosecutors had not proved there was reason to infer that Finkel had a character trait that made it likely he would commit sex crimes.

Prosecutors asked Cates to reconsider his ruling, and a month later, the judge changed his mind and agreed to one trial.

Now Finkel's attorney, Richard Gierloff, is challenging Cates' recent ruling by asking the appeals court to require a separate trial for each patient.

In his appeals petition, Gierloff argues that lumping the 35 cases together unfairly presents Finkel with "the virtually impossible burden of having to defend every incident of an entire lifetime in a single trial."

In vacating the trial date on Wednesday, Cates allowed the appeals court to consider the issue before Finkel's scheduled Jan. 16 trial.

The Court of Appeal is scheduled to review the case on Jan. 8.

Meanwhile, Gierloff said Finkel will reject a Nov. 14 offer by the County Attorney's Office that would have required him to plead guilty to 12 counts in exchange for a dismissal of the remaining charges.

Under the deal, Finkel, 52, would have been sentenced to 20.5 years but could have been eligible for release after 16 years.

Gierloff called the deal an "empty gesture" and said Finkel never considered pleading guilty. "It's an offer they knew wouldn't be accepted."

Calls for comment from the County Attorney's Office were not immediately returned Wednesday.

Stacy Click, a victim's advocate attorney, said the patients who accuse Finkel were content with the plea offer but are frustrated at yet another trial delay.

"They just want to finally see Finkel held accountable," Click said. "It has been more than a year and they're tired. They understand that at times delays are necessary, but the case should go forward."